Madras High CourtWP/2842/2017disposed of

P.Selvakumar, v. The Principal Secretary

2017-02-06Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2842/2017 P.Selvakumar ..

Petitioner .Vs.

1.The Principal Secretary to Government Municipal Administration & Water Supply Department, Secretariat, Chennai 600 009.

2.The Commissioner of Municipal Administration Chepauk, Chennai 600 005.

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent herein to pass orders on the recommendation of the Commissioner, Coimbatore Corporation, issued in Na.Ka.No.14250/2008/MC2 dated 16.08.2016 so as to promote the petitioner as Junior Assistant cum Typist in relaxation of Rules, within stipulated time to be fixed by this Court.

For Petitioner :

Mr.Ravi Shanmugam For Respondents :

Mr.R.A.S.Senthilvel, AGP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.R.A.S.Senthilvel, learned Additional Government Pleader accepts notice on behalf of the respondents.

The petitioner joined the services of the Coimbatore City Municipal Corporation as an Office Assistant on 17.01.1985 through Employment Exchange in Disabled Category Quota and got his promotion as Record Clerk on 14.12.2000 and according to the petitioner, he has passed Higher Secondary Course and that he is fully qualified to be promoted as Junior Assistant. The Appointment Committee of the Coimbatore City Municipal Corporation had also passed a Resolution, promoting the petitioner as Junior Assistant-cum-Typist with a condition that he must pass Typewriting Higher Grade either in Tamil or in English within a period of two years and the petitioner is yet to pass Typewriting Higher Grade in Tamil or English. The Commissioner of Coimbatore City Municipal Corporation, vide Letter in Na.Ka.No.14250/2008/MC2 dated 16.08.2016, has sent a recommendation to the 1st respondent, requesting for relaxation of the Condition No.4 and the petitioner, in this regard, has also submitted a

representation to the 1st respondent through proper channel on 03.01.2017 and since no orders have been passed, he came forward to file the present writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 1st respondent to act on the proposal of the Commissioner of the Coimbatore City Municipal Corporation dated 16.08.2016 in Na.Ka.No.14250/2008/MC2 and pass orders in accordance with law, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the Commissioner, Coimbatore City Municipal Corporation.

M.SATHYANARAYANAN, J., AP The writ petition stands disposed of with the above direction. No costs.

06.02.2017 Index :

Yes / No Internet :

Yes / No APTo 1.The Principal Secretary to Government Municipal Administration & Water Supply Department, Secretariat, Chennai 600 009.

2.The Commissioner of Municipal Administration Chepauk, Chennai 600 005.

W.P.No.2842/2017 http://www.judis.nic.in