S.Ruban Prince Vinothkumar v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN S.Ruban Prince Vinothkumar ... Petitioner Vs.

1.The State of Tamil Nadu rep. by its Principal Secretary to Government, Higher Education (C2) Department Secretariat, Chennai - 9.

2.The Commissioner/ Director, Directorate of Technical Education, Chennai - 25.

3.Mr.K.Chandrasekaran ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to promote the petitioner as Instructor on par with junior namely, Mr.K.Chandrasekaran with all benefits as was given to the petitioner's juniors in G.O.(Ms) No.168, Higher Education (C2) Department dated 26.09.2014.

For Petitioner : Mr.G.Elanchezhiyan For Respondents : Mr.S.Karthikai Balan for R1 and R2 Government Advocate 1/4

O R D E R

The petitioner has filed this writ petition seeking direction to the respondents 1 and 2 to promote him as Instructor on par with junior namely, K.Chandrasekaran with all benefits.

2.The case of the petitioner is that he was appointed as Workshop Instructor on 26.09.1997. According to him, he is entitled to be considered for promotion to the post of Instructor, however, the respondents did not consider his claim, instead, his junior was given promotion. Hence, this writ petition.

3.The learned counsel appearing for the petitioner submitted that the promotional post is still pending for consideration. The learned counsel further submitted that it would suffice, if this Court issues a direction to the respondents to consider the representation of the petitioner dated 19.08.2015 on par with his junior, namely, K.Chandrasekaran and pass appropriate orders. 4.The learned Government Advocate appearing for the respondents 1 and 2 fairly submitted that orders would be passed by the respondents, on the petitioner's representation dated 19.08.2015, 2/4

on merits.

5.In view of the above, this Court directs the respondents to consider the petitioner's representation dated 19.08.2015 on par with his junior [K.Chandrasekaran] and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition stands disposed of. No costs.

05.03.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Principal Secretary to Government, Higher Education (C2) Department Secretariat, Chennai - 9.

2.The Commissioner/ Director, Directorate of Technical Education, Chennai - 25.

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R.MAHADEVAN,J.

pri 05.03.2021 4/4