S.Praveen Kumar, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39951 of 2015 G.Praveen Kumar .. Petitioner Vs.

The State of Tamil Nadu Rep by its Principal Secretary Rural Development and Panchayat Raj Department, Fort St.George Chennai-9 2.The Director Rural Development and Panchayat Raj Department Panagal Maligai Chennai-15.

3.The District Collector Thiruvarur, Thiruvarur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to pass orders on the representation of the petitioner dated 03.11.2015 in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 03.01.2012 and GO.(1 Pa) No.447, Rural Development and Panchayat Raj (Pa.a-4) Department dated 19.08.2015 passed by the first respondent.

For Petitioner : M/s.G.Elanzhezhiyan For respondents: M/s.L.Mahendran, GA

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Mandamus to direct the first respondent to pass orders on the representation of the petitioner dated 03.11.2015 in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 03.01.2012 passed by the first respondent and the proceedings dated 31.07.2014 of the 3rd respondent, within a stipulated time.

2.The petitioner was appointed as Junior Assistant on Compassionate Grounds on 13.12.2007. Though, the petitioner was appointed as Junior Assistant and promoted as Assistant, his juniors who joined service as Junior Assistant subsequent to the appointment of the petitioner, were promoted as Assistant earlier to him. Though the petitioner's juniors had marched over him and he was deprived of the promotional opportunities in time, due to the delay in sending the petitioner to Bhavanisagar Training. In these circumstances, the petitioner gave a representation dated 03.11.2015, requesting the Government to pass orders in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 03.01.2012 passed by the first respondent and the connected proceedings dated 31.07.2014 of the 3rd respondent. However, according to the petitioner, the respondents have not considered the representation given by the petitioner.

3.Heard the submissions of Mr.G.Elanchezhiyan, learned counsel appearing for the petitioner and M/s.L.Mahendran, Government Advocate who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider the representation of the petitioner dated 03.11.2015 and pass orders on merits and in accordance with law, in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 03.01.2012 passed by the first respondent and the proceedings dated 31.07.2014 of the 3rd respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh

To

1. The Principal Secretary State of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St.George Chennai-9 2.The Director Rural Development and Panchayat Raj Department Panagal Maligai Chennai-15.

3.The District Collector Thiruvarur, Thiruvarur District.

+ 1 cc to the Government Pleader Sr.68778 + 1 cc to Mr.G. Elenchezhiyan, Advocate Sr.68786 W.P.No.39951 of 2015 PA(CO) Eu 7.1.16