S.Thiruchelvam, B.E., v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN S.Thiruchelvam ... Petitioner Vs.
1.
The Government of Tamil nadu, Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Secretariat, Chennai - 600 009.
The Director of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, M.R.C.Nagar, Chennai - 600 028.
The Director of Town Panchayats, 7th & 8th Floor, Urban Administrative Office Campus, Chennai - 600 028.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the respondents for revision of original seniority over and above the juniors of the petitioners and also for retrospective promotion on par with his Junior Thiru.P.Radhakrishnan, Assistant Engineer who was promoted as Assistant Executive Engineer by the 2nd respondent in Roc.No.28618/2019/F1 dated 17.02.2020, with all service and monetary benefits, as stipulated under Rule II(1) Part A under Schedule XI of the Tamil Nadu Government Servants Conditions of Service Act, 2016, within a reasonable period as may be fixed by this Court. For Petitioner : Mr.T.Ranganathan For Respondents : Mr.C.Selvaraj Additional Government Pleader for R1 to R3
ORDER
The writ petition has been filed to direct the respondents to revise the seniority over and above the juniors of the petitioner and also for retrospective promotion on par with his Junior Thiru.P.Radhakrishnan, Assistant Engineer who was promoted as Assistant Executive Engineer with all service and monetary benefits as per Service Rules in force.
The case of the petitioner is that, his promotion was put on hold, on account of issuance of charge memorandum. However, later on, the said charge memorandum was dropped against the petitioner. Though charge was dropped, seniority was not restored. Hence he sent a representation to the respondents dated 14.05.2025, and the same is pending with the respondents. Per contra, Mr.C.Selvaraj, learned Additional Government Pleader who takes notice for the respondents would strenuously object the petitioner's claim and would contend that the petitioner is not eligible for restoration of promotion. However, he would fairly submit that the respondents would consider the petitioner's representation within a reasonable time.
4.
Heard the learned counsel for both sides and perused the materials available on record.
5.
In view of the above submission of the learned Additional Government Pleader, this Court without going into the merits of the matter, deems it appropriate to direct the respondents to consider the petitioners representation dated 14.05.2025, and pass order on it's own merits and in
accordance with law within a period of six weeks from the date of receipt of a copy of this order.
In the result, the Writ Petition is disposed of with the above direction. No costs.
13.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Government of Tamil nadu, Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Secretariat, Chennai - 600 009.
The Director of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, M.R.C.Nagar, Chennai - 600 028.
The Director of Town Panchayats, 7th & 8th Floor, Urban Administrative Office Campus, Chennai - 600 028.
C.KUMARAPPAN, J.
veda 13.06.2025