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Madras High CourtWP/38251/2015disposed of

P.S.Devanath, v. The Principal Secretary

2015-12-01Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.38251 of 2015 P.S.Devanath

...Petitioner

Vs.

1. The Principal Secretary to Government, Tourism and Culture Department, Fort St.George, Chennai-600 009.

2. The Commissioner, Directorate of Art and Culture, Thendral, Greenways Road, Chennai-600 028.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent herein to consider and pass orders on merits and in accordance with law, on the petitioner's representation dated 29.09.2015 regarding promotion to the post of Principal or incharge, Government College of Fine Arts, Chennai, within a time-frame.

For Petitioner : Mr.G.Bala For Respondents : Mr.V.Jayaprakash Narayanan Special Govt.Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. According to the petitioner, he is presently working as Head of the Department in the Government College of Fine Arts, Chennai and he is the senior most Head of the Department and eligible to promotion for the post of Principal. The petitioner's earlier request to promote him as Principal incharge was rejected by the respondent on 03.06.2014 on the ground that he has not served as Head of the Department for a period of three years.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner submits that the petitioner has now been working as Head of the Department for more than three years, so he submitted a representation dated 29.09.2015 requesting the respondents to consider him for the post of Principal incharge according to the G.O.No.325, Education Department, dated 13.03.1986. However, it has not been considered by the respondents. Hence, the present writ petition.

4. Mr.G.Bala, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the respondents.

5. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representation dated 29.09.2015 and pass orders on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. With the above said direction, the writ petition is disposed of. No costs.

Sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR sms To

1. The Principal Secretary to Government, Tourism and Culture Department, Fort St.George, Chennai-600 009.

2. The Commissioner, Directorate of Art and Culture, Thendral, Greenways Road, Chennai-600 028.

+1 CC to MR.G.Bala Advocate. SR.NO. 65164 W.P.No.38251 of 2015 CO-CTK JD 23/12/2015 https://hcservices.ecourts.gov.in/hcservices/