G.Sekar, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32330 of 2015 And M.P.No.1 of 2015 G.Sekar ... Petitioner Vs.
1 The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai Chennai - 600 005.
2 The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose petitioner's representation dated 23.09.2015 in the light of ratio laid down by the apex court in Civil Appeal Nos.6631-6632 of 2015 dated 27.08.2015.
For Petitioner : Mr.G.Ravi Sankar For Respondents : Mr.S.Prabhu
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The petitioner was appointed as Assistant Engineer in the services of the Tamil Nadu Slum Clearance Board by way of direct recruitment on 11.08.1987 and got promotion as Assistant Executive Engineer on 31.08.2012 and according to him the seniority list was drawn by the respondent, the details of which are as follows:
Sl.
No.
Name Qualificati on Date of Appointment as AE/JE Date of Promoted as AEE Seniorit y No.
D.D.Elamparithi JE DCE 24.10.1989 28.02.201 M.Sitharthan, JE DCE 23.10.1989 28.02.201 J.Geetha, JE DCE 26.10.1989 28.02.201 S.Jaganathan, Draughtsman, Grade II DCE Draughtsman Grade II 08.09.1987 31.08.201 K.Sivasankaran, Draughtsman, Grade II DCE Draughtsman Grade II 09.09.1987 31.08.201 3.The grievance expressed by the petitioner is that persons who are far juniors in the lower category have been accommodated and in this regard has submitted representation dated 23.09.2015 to the respondent drawing their attention to the judgment of the Hon'ble Supreme Court of India dated 27.08.2015 made in Civil Appeal Nos.6631-6632 of 2015 (S.Panneer Selvam Vs.
Government of Tamil Nadu), wherein it has been held that the roster point reserved category promotees cannot count their seniority in the promoted category from the date of their promotion and reserved category candidate (Junior Engineers) promoted on the basis of reservation earlier than the senior general category candidate in the feeder category, cannot claim consequential seniority in the promotional post and such promotion was given to accelerate promotion to the roster point promotees. The reason given by the petitioner is that inspite of the representation having been received, no orders have been passed and hence, came forward to file this writ petition.
4.Heard the submissions of Mr.G.Ravi Sankar, learned counsel appearing for the petitioner and Mr.S.Prabhu, learned counsel who accepts notice on behalf of the respondents. 5.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representation dated 23.09.2015 on merits and in accordance with law in the light of the above stated judgment rendered by the Hon'ble Supreme Court of India dated 27.08.2015 and after putting the concerned persons on notice 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.
6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.
pri s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1 The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai Chennai - 600 005.
2 The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.
+ 1 cc to Mr.s.Prabhu, Advocate SR 55534 + 1 cc to Mr.G.Ravisankar, Advocate SR 55516 ksj(co) prk27/10 W.P.No.32330 of 2015 And M.P.No.1 of 2015