S.Murali v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P. No.14953 of 2020 and W.M.P. No.18593 of 2020 (Through Video Conferencing) 1.S.Murali 2.S.Selvam 3.D.Venkatesan 4.P.S.Saravanan 5.N.Kamalanathan ... Petitioners Vs
1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Town Panchayat, Kuralagam, Chennai - 600 108.
3. The District Collector, Vellore District, Vellore.
4. The Assistant Director of Town Panchayat, Vellore Zone, Vellore.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to draw year wise panel among the non-provincialized employees in Town Panchayat Services eligible for promotion to the post of Junior Assistant/Bill Collector in Ministerial Services with reference to 20% vacancies and to: consider the petitioners for promotion to the post of Junior Assistant/Bill Collector based on their seniority and eligibility with all consequential monetary and service benefits, by considering the Representation of the Petitioners dated 27.06.2019, within a fixed time frame.
For Petitioners :
Mr.G.Sankaran For Respondents :
Mr.Elamparithi Government Advocate
ORDER
The Petitioners have filed this writ petition for a Mandamus, to direct the respondents, to draw year wise panel among the non-provincialized employees in the Town Panchayat Services eligible for promotion to the post of Junior Assistant/Bill Collector in Ministerial Services and to consider the petitioners representation dated 27.06.2019 for promotion to the post of Junior Assistant/Bill Collector based on their seniority and eligibility with all consequential monetary and service benefits.
2. The petitioners were working under the Town Panchayat and have prayed for being promoted as Junior Assistant or Bill Collector in terms of G.O.Ms.No.150, Municipal Administration & Water Supply Department, dated 19.08.1998.
3. Appearing on behalf of the petitioners, the learned counsel for the petitioners submits that G.O.Ms.No.150, Municipal Administration & Water Supply Department, dated 19.08.1998 has been implemented in various districts of Tamil Nadu. However, in Vellore district, it has not been implemented due to which the petitioners have lost their seniority/promotion from the year 2012. In this connection, the petitioners have sent a representation on 27.06.2019 to the first respondent which has however not evoked any response and thus the present writ petition has been filed.
4. Appearing on behalf of the respondents, the learned Government Advocate submits that the petitioners representation will be considered and appropriate orders will be passed on merits in accordance with G.O.Ms.No.150, Municipal Administration & Water Supply Department, dated 19.08.1998 based on the petitioners representation and other government orders which have a bearing on the issue raised in the representation of the petitioners.
5. Recording the submission of the learned Government Advocate for the respondents, this Writ Petition is disposed by directing the first respondent to consider the petitioners representation and dispose the same on merits in accordance with law, within a period of 45 days from the date of posting of this order in the website of this High Court.
6. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar arb To
1. The Principal Secretary, Government of Tamil Nadu, Municipal Administration & Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Town Panchayat, Kuralagam, Chennai - 600 108.
3. The District Collector, Vellore District, Vellore.
4. The Assistant Director of Town Panchayat, Vellore Zone, Vellore.
+1cc to Mr.G.Sankaran, Advocate, S.R.No.39057 W.P. No.14953 of 2020 and W.M.P.No.18593 of 2020 PCH(CO) HS(17/08/2021)