M.Chandra Leela v. Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.36431 of 2015 M.Chandra Leela ... Petitioner Vs.

1. Principal Secretary to Government, Department of Industries, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Commissioner/Director of Geology and Mining, Commissionerate of Geology and Mining, Guindy, Chennai-600 032.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd Respondent to consider the petitioner's representation dated 19.08.2015 and pass necessary and suitable orders, on merits and in accordance with Law, regarding restoration of re-deployed post of Superintendent, pursuant to his proceeding in N.K.No.6571/BM2/2013 Dated 04.02.2014, into the original sanction to the Head quarters at the office of the 2nd Respondent, as per G.O.Ms.328, Industries (E1) Department, Dt.16.12.1994 on the file of the 1st Respondent, within a reasonable time.

For Petitioner : Mr.C.Mahendran For Respondents : Mr. Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner states that she joined the services of the second respondent as Junior Assistant on 19.10.1994 and presently working as an Assistant (Selection Grade) at the office of the second respondent. The petitioner claims that as per G.O.Ms.595, Finance (Pay cell) Department dated 01.08.1992, she is entitled to be promoted as Superintendent and when she was expecting promotion, the promotion was redeployed to the office of the Assistant Director of Geology and Mining, Tiruvannamalai in order to accommodate one Rajendran, who was working at the office of the Assistant Director of Geology and Mining in Tiruvannamalai.

3. The grievance of the petitioner is that she submitted a representation to the second respondent on 19.08.2015, seeking redeployment of the post. But, so far it was not considered. Hence, the present Writ Petition has been filed seeking for the aforesaid relief.

4. Heard Mr.C.Mahendran learned counsel for the petitioner and Mr.Jayaprakash Narayanan, learned Special Government Pleader who accepts notice on behalf of the respondents. 5.Though the petitioner prayed for a larger relief, this Court taking into consideration the facts and circumstances and without going into the merits of the case, directs the second respondent to consider and dispose of the representation of the petitioner dated 19.08.2015, in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

6. This Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr

To

1. Principal Secretary to Government, Department of Industries, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Commissioner/Director of Geology and Mining, Commissionerate of Geology and Mining, Guindy, Chennai-600 032.

+1cc to Mr.C.Mahendran, Advocate, S.R.No.61878 +1cc to the Government Pleader, S.R.No.62024 W.P.No.36431 of 2015 TEJ(CO) CA(09/12/2015)