T.Mani S/O. K. Thambi v. Tamil Nadu Tea Plantation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA T.Mani ... Petitioner Vs.

1.Tamil Nadu Tea Plantation Corporation, Rep. by its General Manager, Orange Grove Road, Coonoor - 643 101, The Nilgiris.

2.The Managing Director, Tamil Nadu Tea Plantation Corporation Ltd., Orange Grove Road, Coonoor - 643 101, The Nilgiris.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to pass necessary orders for promotion of the petitioner from in the cadre of Draughtsman Grade III (Junior Drafting Officer) to Draughtsman Grade - II, (Drafting Officer) as per G.O.Ms.No.210, P & A dated 11.03.1987 with effect from June 2012 and consequently, direct the respondents to disburse the amount based on the upgraded post of Drafting Officer - Draughtsman - II.

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For Petitioner : Mr.Murugan.S For Respondents : Mr.B.Raghavan for M/s.T.S.Gopalan & Co

ORDER

This Writ Petition has been filed to direct the respondents to pass necessary orders for promotion of the petitioner in the cadre of Draughtsman Grade III (Junior Drafting Officer) to Draughtsman Grade - II, (Drafting Officer) as per G.O.Ms.No.210, P & A dated 11.03.1987 with effect from June 2012 and consequently, direct the respondents to disburse the amount based on the upgraded post of Drafting Officer - Draughtsman - II.

2. Heard Mr.Murugan.S, learned counsel for the petitioner, Mr.B.Raghavan, learned Standing Counsel for the respondents and perused the materials available on record.

3. The petitioner was appointed as a Factory Supervisor in the year 1984. He was appointed as Tracer with the respondent Corporation in the year 1986. His services have been regularised with effect from 19.06.1986. In the year 1992, the petitioner was given with promotion to Draughtsman Grade III. The Government has issued G.O.Ms.No.210, Page No.2 of 6

Personal and Administration Department dated 11.03.1987 for granting selection grade and special grade to the persons who have been promoted to the post of Draughtsman Grade III and Draughtsman Grade II.

4. The learned counsel for the petitioner submitted that the petitioner has given representation in this regard to the respondents. But the same has not been considered so far.

5. The learned Standing Counsel for the respondents submitted that the petitioner has given only continuous representation from the year 2010 and he has not taken any steps till the filing of this Writ Petition. The petitioner left the issue for more than 7 years and it is difficult to trace out the files. It is further submitted that the petitioner has been superannuated on 31.08.2017 and awarding of special grade is not automatic and it is only on the merits of the case.

6. Whatever may be the case, the petitioner cites one Poovarasi who had also given with the benefit subsequent to her retirement. As the petitioner has retired only in the year 2017 and he has been repeatedly Page No.3 of 6

giving representation from the year 2010, it would be possible for the respondents to retain the files. It would have been fair on the part of the respondents, if disposal is given to the earliest representation of the petitioner. As the representation of the petitioner is pending without any disposal, I feel an appropriate direction to be given.

7. In the result, this Writ Petition is disposed and the respondents are directed to consider the representation of the petitioner on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order by giving parity, in case such benefit has already given to any other retired employees subsequent to the retirement. No costs.

Index : Yes /No 11.03.2025 Speaking / Non-speaking gsk Page No.4 of 6

To

1. The General Manager, Tamil Nadu Tea Plantation Corporation, Orange Grove Road, Coonoor - 643 101, The Nilgiris.

2.The Managing Director, Tamil Nadu Tea Plantation Corporation Ltd., Orange Grove Road, Coonoor - 643 101, The Nilgiris.

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R.N.MANJULA , J.

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