S.Rameshkumar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22218 of 2019 S.Rameshkumar ... Petitioner Vs.

1.

The Director, Adi Dravidar Welfare Department, Chepauk, Chennai-600 005.

2.

The District Adi Dravidar & Welfare Officer, Erode District, Erode.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give promotion to the petitioner as the Graduate Assistant (Tamil) Teacher with retrospective effect from 01.03.2010, based on the petitioner's detailed representation dated 23.12.2017 made to the Respondents herein. For Petitioner : Mr.K.Kannan For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

Mr.R.S.Selvam, learned Government Advocate accepts notice on behalf of the respondents. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.

2.The learned Counsel appearing for the petitioner would submit that the petitioner was appointed as P.E.T. The list of panel of P.E.T. Special Teachers to be promoted as Graduate Assistants (Tamil) was prepared by the Directorate of School Education and subsequently they were given the promotion, but whereas the petitioner was not given promotion. Hence, he filed a petition in W.P.No.23774 of 2016 and the same was allowed on https://hcservices.ecourts.gov.in/hcservices/

17.11.2016. Accordingly, the petitioner was given promotion by the 1st respondent, in proceedings dated 31.10.2017, with effect from 31.01.2016 but not from 01.03.2010. Hence, the petitioner has given a representation to the 1st respondent on 23.12.2017, seeking promotion with retrospective effect from 01.03.2010, but the same was not considered by the 1st respondent till date. 3.The learned counsel for the petitioner would further submit that it would suffice if a direction is issued to the 1st respondent to consider the representation dated 23.12.2017, within a reasonable time fixed by this Court. 4.The learned Additional Government Pleader would accede to the submission made by the learned counsel for the petitioner and submitted that the same will be considered on merits and in accordance with law.

5.Thus, without going into the merits of the case, this Court is inclined to direct the 1st respondent to consider the representation of the petitioner dated 23.12.2017 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 6.With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kas To 1.

The Director, Adi Dravidar Welfare Department, Chepauk, Chennai-600 005.

2.

The District Adi Dravidar & Welfare Officer, Erode District, Erode.

+1cc to Mr.K.Kannan, Advocate, S.R.No.80574 +1cc to the Government Pleader, S.R.No.80739 W.P.No.22218 of 2019 MP(CO) CS/24/10/2019 https://hcservices.ecourts.gov.in/hcservices/