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Madras High CourtWP/24248/2019disposed of

R.Jayakumar v. The Commissioner,

2019-10-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24248 of 2019 1.R.Jayakumar 2.R.Manoharam ... Petitioners Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Assistant Commissioner (General Administrative and Personnel) Corporation of Chennai, Rippon Building, Chennai - 600 003.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose of the representation of the petitioners dated 04.05.2018 and 28.05.2019 and consequently direct the respondents to consider for promotion to the Posts of Assistant Executive Engineers in the Corporation of Chennai in accordance with law.

For Petitioners : Ms.M.Santhini For Respondents : Ms.Karthika Ashok

O R D E R

The petitioners have filed this writ petition seeking issuance of a Writ of Mandamus directing the first respondent to dispose of the representations of the petitioners dated 04.05.2018 and 28.05.2019 and to consequently direct the respondents to consider the petitioners for promotion to the Posts of Assistant Executive Engineers in the Corporation of Chennai in accordance with law.

2.Heard the learned counsel appearing for the petitioners

and the learned counsel appearing for the respondents. 3.The case of the petitioners is that the petitioners have completed Diploma in Civil Engineering and they were appointed as temporary Technical Assistants on daily wage basis. Even after completion of ten years of service, their services were not regularized. Hence, the petitioners filed W.P.Nos.23994 and 25097 of 2007 seeking to regularize their services. During the pendancy of the writ petitions, the petitioners services were regularized. In view of the above, the said writ petitions were disposed of by this Court on 27.03.2008. According to the petitioners, they are eligible for promotion as Assistant Executive Engineer and in this regard, they made representations dated 04.05.2018 and 28.05.2019 to the respondents. However, the same have not yet been considered. Hence this writ petition.

4.The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioners representations dated 04.05.2018 and 28.05.2019 and to pass appropriate orders, within the stipulated time.

5.Considering the limited request made by the learned counsel appearing for the petitioners, I am inclined to issue direction to the respondents to consider the petitioners representations dated 04.05.2018 and 28.05.2019, on merits and in accordance with law, as expeditiously as possible. 6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Assistant Commissioner (General Administrative and Personnel) Corporation of Chennai, Rippon Building, Chennai - 600 003.

+1cc to M/s.M.Santhini, Advocate, SR.No.85765 +1cc to M/s.Karthikaa Ashok, Advocate, SR.No.85821 W.P.No.24248 of 2019 Kak(07/11/2019)