P.Kumaresan v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 09.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32239/2015 P.Kumaresan
...Petitioner
Versus
1. The Secretary to Government, Government of Tamil Nadu Municipal Administration & Water Supply Department, Fort St George Chennai 600 009.
2. The Director of Municipal Administration Chepauk, Chennai 600 005.
3. The Commissioner, Salem Corporation, Salem Salem District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 3rd respondent to consider the petitioner's representation dated 16.02.2015 requesting the respondents to reclassify the petitioner as Skilled Assistant Grade-I with effect from the date of the petitioner appointment as Skilled Assistant Grade-II that is 04.10.2002 and fix the petitioner pay accordingly and pay arrears of salary.
For Petitioner :
Mr.P.Rajendran For RR 1 & 2 :
Mr.S.Gunasekaran, GA For R3 :
Mrs.K.Bhuvaneswari
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner, at present, working as Skilled Assistant Grade-II on promotion, right from 27.10.2003 onwards. In terms of G.O.Ms.No.762, Finance [Pay Cell] Department dated 28.09.1996 and G.O.Ms.No.237, Municipal Administration and Water Supply [ ] Department dated 28.09.1996, the Skilled Assistants Grade II, working in Salem Municipal Corporation should have been re-classified as Skilled Assistants Grade-I with effect from the date of appointment as they passed SSLC qualification and also passed ITI. It is also the claim of the petitioner that he should have been upgraded as Skilled Assistant Grade I from the date of his appointment and since it has not been done, he has submitted a representation dated 16.02.2015 to the respondents and since no orders have been passed, he came forward to file this writ petition.
Heard the submissions of the learned counsel for the petitioner ; Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2 and Mrs.K.Bhuvaneswari, learned counsel who accepts notice on behalf of the 3rd respondent.
Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the 3rd respondent to consider and dispose of the petitioner's representation dated 16.02.2015 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, by the petitioner. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
AP To
1. The Secretary to Government, Government of Tamil Nadu Municipal Administration & Water Supply Department, Fort St George Chennai 600 009.
2. The Director of Municipal Administration Chepauk, Chennai 600 005.
3. The Commissioner, Salem Corporation, Salem Salem District.
1 CC to the Government Pleader, SR.No. 55474 1 CC to Mrs.K.Bhuvaneswari, Advocate SR.No. 55315 1 CC to Mr.P.Rajendran, Advocate SR.No. 55715 W.P.No.32239/2015 SV (CO) PSI (26.10.2015)