M.Murugan, S/O.G.Mani, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM

THE HON'BLE MR. JUSTICE B.RAJENDRAN W.P.No.21519 of 2016 & W.M.P.No.18385 of 2016 M.Murugan ... Petitioner Vs.

1. The District Collector Tiruvannamalai District Tiruvannamalai.

2. The Assistant Director of Town Panchayats Vellore Region, Vellore-9.

3. The Executive Officer Vettavalam Gr-I Town Panchayat Vettavalam, Tiruvannamalai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents to consider the representations of the petitioner made to the respondents, dated 09.05.2016 and 01.06.2016, and to promote the petitioner to the post of Sanitary Supervisor at Vettavalam Grade-I Town Panchayat, in accordance with Rules and to pass such further orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.K.S.Viswanathan for Mr.V.Suthakar For Respondents :

Mr.K.Rajendra Prasad Government Advocate for R.1 & R.2 Mr.K.Thanga Pandian Government Advocate for R.3

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the representations of the petitioner made to the respondents, dated 09.05.2016 and 01.06.2016, and to promote the petitioner to the post of Sanitary Supervisor at Vettavalam Grade-I Town Panchayat, in accordance with Rules.

3. The petitioner entered into service as Sanitary Worker, on consolidated pay, in the Vettavalam Town Panchayat,on 01.09.1999. The petitioner has made a representation on 09.05.2016 and again on 01.06.2016 requesting to promote him to the post of Sanitary Supervisor at Vettavalam Grade-I Town Panchayat, in accordance with Rules. But, till date, there was no response and hence, he has filed the present Writ Petition.

4. Mr.K.S.Viswanathan, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if the 3rd respondent is directed to consider the representations of the petitioner and to pass appropriate orders, within a time frame.

5. The learned Government Advocates, who took notice on behalf of the respondents, have got no serious objection in directing the 3rd respondent to consider the representations of the petitioner, dated 09.05.2016 and 01.06.2016 and to pass appropriate orders, on merits and in accordance with law.

6. Considering the above submissions, this Court, without going into the merits of the claim made by the petitioner, directs the 3rd respondent to consider the representations of the petitioner, dated 09.05.2016 and 01.06.2016, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7. The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs.

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

paa To

1. The District Collector Tiruvannamalai District Tiruvannamalai.

2. The Assistant Director of Town Panchayats Vellore Region, Vellore-9.

3. The Executive Officer Vettavalam Gr-I Town Panchayat Vettavalam, Tiruvannamalai District.

+1cc to Mr.V.Suthakar, Advocate, S.R.No.35510 +1cc to the Government Pleader, S.R.No.35273 W.P.No.21519 of 2016 PA(CO) CA(12/07/2016)