C.Subathra v. The Principal Secretry To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.17137 of 2022 C.Subathra .. Petitioner Vs.

1. The Principal Secretary to Government, Health & Family Welfare (M1) Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director of Drugs Control, Chennai 600 006.

3. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai 600 003.

4. The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the claim of the petitioner for promotion as Assistant Director of Drug Control, based on the rank assigned by TNPSC, at the time of selection at Sl.No.6 in the light of the representation made by the petitioner dated 22.05.2022, within a reasonable time as fixed by this court.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.E.Veda Bagath Singh, Spl. Govt.Pleader for R1, R2, R4 Mr.V.Govardhanam for R3 (TNPSC)

ORDER

By consent of counsels for both the parties, this writ petition is disposed of at the admission stage itself.

2. The relief sought for in the writ petition is for a Mandamus directing the respondents to consider and pass orders on the claim of the petitioner for promotion as Assistant Director of Drug Control, based on the rank assigned by TNPSC, at the time of selection at Sl.No.6 in the light of the representation made by the petitioner dated 22.05.2022, within a reasonable time as fixed by this court.

3. According to the petitioner, he was selected to the post of Drugs Inspector by the TNPSC and his seniority was assigned as Sl.No.6. Further, he was appointed in the office of the Director of Drugs Control, Chennai vide order dated 18.01.2010. Thereafter, the

petitioner was promoted as Senior Drugs Inspector. His further promotion to the post of Assistant Director of Drugs Control for the year 2021-2022 has become due. Hence, he made representation to the first respondent to consider his promotion as Assistant Director of Drugs Control, based on his seniority fixed by the Service Commission at the time of entry in service. But no order has been passed. Hence this writ petition.

4. The learned Special Government Pleader submitted that, the representation of the petitioner will be considered by the authorities concerned and appropriate orders will be passed on its own merits and in accordance with law.

5. Inview of the above submission and considering the limited scope of prayer and to meet the ends of justice, without expressing any opinion on merits, it is ordered as follows.

i) The first respondent is directed to consider the representation of the petitioner dated 22.05.2022 and to pass orders on its own merits and in accordance with law, as early as possible, within a period of six

weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of . No costs.

06.07.2022 Index:Yes/No Internet:Yes/No mst To

1. The Principal Secretary to Government, Health & Family Welfare (M1) Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director of Drugs Control, Chennai 600 006.

3. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai 600 003.

4. The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.

D. KRISHNAKUMAR, J.

mst W.P.No.17137 of 2022 06.07.2022