R.Nandagopalakrishnan v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.10.2015
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN WP.No.33852/2015 S.Nandagopalakrishnan ..Petitioner
Versus
1.The Principal Secretary to Government Rural Development and Panchayat Department, Fort St George, Chennai-09.
2.The Commissioner, Rural Development & Panchayatraj Department Panagal Building, Saidapet, Chennai-15.
3.The District Collector Villupuram District, Villupuram.
..Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for a issuance of a writ of mandamus directing the respondents to consider and pass appropriate order on the appeal/objection dated 20.02.2015 filed by the petitioner and to promote the petitioner as Block Development Officer on par with the junior and grant all consequential service and monetary benefits.
For Petitioner :
Mr.S.Sivakumar For Respondents :
Mr.V.Subbiah, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner was appointed as a Junior Assistant on compassionate ground on 31.12.1991 and the services were regularised vide order of the 1st respondent dated 11.05.1999 and in the same year, he was promoted as Assistant and subsequently, got his promotion as Deputy Block Development Officer in the year 2008 and claims to have rendered 25 years of unblemished service to the satisfaction of the superior officers. The petitioner would further state that he has successfully passed
the Departmental test as early as in the year 1995 itself and he was fully qualified for further promotion as Assistant and subsequently, some of the persons who were appointed as Junior Assistants through the Tamil Nadu Public Service Commission in the year 1993, though did not complete the probation and did not have minimum required service, got promotion as Assistants on 30.06.1995 on temporary basis. The grievance expressed by the petitioner is that the juniors of the petitioner have been promoted above him and in the light of the above said factual position, the petitioner submitted an appeal to the 3rd respondent on 25.07.2003 and it was rejected. He preferred an appeal to the 2nd respondent, who in turn, directed the 3rd respondent to place the name of the petitioner in the 1996 Panel vide order dated 12.04.2005.
However, the grievance expressed by the petitioner has not been addressed so far. The tentative seniority list was also prepared wherein the claim of the petitioner has been once again overlooked and in this regard, the petitioner filed an appeal/objection to the 1st respondent on 20.02.2015 through proper channel 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 and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of 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 same, directs the 1st respondent to consider and dispose of the petitioner's appeal / objection dated 20.02.
2015 in accordance with law, after putting on notice the persons concerned 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.
sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR AP
To 1.The Principal Secretary to Government Rural Development and Panchayat Department, Fort St George, Chennai-09.
2.The Commissioner, Rural Development & Panchayatraj Department Panagal Building, Saidapet, Chennai-15.
3.The District Collector Villupuram District, Villupuram.
+1 CC to MR.S.Sivakumar Advocate. SR.NO. 58515 +1 CC to Govt.Pleader. SR.NO. 58621 WP.No.33852/2015 CO-PPA JD 18/11/2015