S.Kamalakannan v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition Nos.9558 and 9559 of 2015 & M.P.Nos.1 of 2015

1. S.Kamalakannan ... Petitioner in W.P.No.9558/2015

1. K.Murthy ... Petitioner in W.P.No.9559/2015 Vs.

1. Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 9

2. The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai 5

3. The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai 5 ... Respondents in both W.Ps.

Petitions filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to promote the petitioners to the post of Junior Assistant in Tamil Nadu Slum Clearance Board in the Office of the respondents with effect from 1.6.2007 (on the date when their juniors were promoted) with all attended benefits.

For Petitioner in : Mr.M.V.Venkataseshan both W.Ps.

For Respondents in : Mr.A.Kumar, Spl.GP for R1 both W.Ps.

Mr.Kesavan for R2 & R3

COMMON ORDER Heard the learned counsel for the petitioners, the learned Special Government Pleader on behalf of the first respondent and the learned Standing Counsel for Tamil Nadu Slum Clearance Board. By consent, the Writ Petitions are taken up for final disposal during the time of admission.

2. The petitioners were originally engaged as Nominal Muster Roll workers in the office of Tamil Nadu Slum Clearance Board. Subsequently, they were appointed as Office Assistants. They were promoted as Bill Collectors. The petitioners are presently working as Bill Collectors for the last many years. Their next avenue of promotion is to the post of Junior Assistant. According to the petitioners, they are eligible for promotion to the post of Junior Assistant. The claim for promotion to the post of Junior Assistant was not considered presumably on the ground that only after becoming Record Clerk, one could become Junior Assistant.

3. The petitioners have submitted individual representations on 21.8.2013, requesting the second respondent to consider them for promotion. However, there was no follow up action taken by the concerned authority. The petitioners are therefore before this Court.

4. The second respondent is directed to consider and dispose of the representation submitted by the petitioners dated 21.08.2013 on merits and as per law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. The Writ Petitions are disposed of with the above direction. No costs. The connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ajr

To

1. Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 9

2. The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai 5

3. The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai 5 +1cc to Mr.B.Kesavan, Advocate, S.R.No.18472 +1cc to Mr.M.V.Venkatesan, Advocate, S.R.No.18422 +1cc to the Government Pleader, S.R.No.18744 W.P.Nos.9558 and 9559 of 2015 RSI(CO) CA(10/04/2015)