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Madras High CourtWP/2823/2017disposed of

P.Balasubramaniam v. The Secretary To Local Body,

2017-02-06Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Coram Dated: 06.02.2017 The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.2823 of 2017 and W.M.P.No.2759 of 2017 P.Balasubramaniam ... Petitioner -Vs1. The Secretary to Local Body, Government of Tamilnadu, Secretariat, Chennai - 600 009.

2. The Director of Town Panchayats, Kuralagam, Chennai - 108.

3. The Assistant Director, Town Panchayats, Salem - 636 001.

4. The Executive Officer, Sankagiri Town Panchayat, Salem District.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to grant promotion to the petitioner in the post of sanitary supervisor or any other equivalent to the said post by considering the petitioner's representation dated 17.10.2016.

For Petitioner : Mr.A.V.Raja For Respondents : Mr.K.Dhananjayan, Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of respondents.

3. The petitioner joined as a Sweeper in the Edapadi Town Panchayat, Salem District in the year 1986 and he has put in hard and sincere service to the satisfaction of his superiors. Despite putting long years of service, he is yet to be conferred with the benefit of selection grade and special grade scale of pay and he is languishing without any promotion. It is further stated by the petitioner that he also joined in Annamalai Open University Foundation Course and passed the first year basic education which is equivalent to 10th standard(S.S.L.C.) and it was also approved by G.O.Ms.No.50, Personnel and Administrative Reforms Department dated 21.02.1997 and as such he is eligible to be promoted as Sanitary Inspector or in any other post which is in commensurate with his qualification. In this regard, he has also submitted representation dated 17.10.2016 to the respondent. Though the representation was received and acknowledged, no order has been passed so far. Hence, he came forward to file this writ petition.

4. Heard the submission of the learned counsel for the petitioner and Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents.

5. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner, directs the respondents to consider and dispose of the petitioner's representation dated 17.10.2016 in the light of G.O.Ms.No.50, Personnel and Administrative Reforms Department dated 21.02.1997, on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi

To

1. The Secretary to Local Body, Government of Tamilnadu, Secretariat, Chennai - 600 009.

2. The Director of Town Panchayats, Kuralagam, Chennai - 108.

3. The Assistant Director, Town Panchayats, Salem - 636 001.

4. The Executive Officer, Sankagiri Town Panchayat, Salem District.

+1cc to Mr.Raja, Advocate, S.R.No.7381 +1cc to the Government Pleader, S.R.No.7793 VGI(CO) RS(23/02/2017) Writ Petition No.2823 of 2017