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Madras High CourtWP/31107/2004withdrawn dismissed

M.Raja Chidambaram v. The Secretary To Government

2018-03-09Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.03.2018

CORAM

THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No.31107 of 2004 M.Raja Chidambaram .. Petitioner versus 1.The State of Tamil Nadu, Rep. by The Secretary to Government, Health and Family Welfare Department, Chennai - 600 009.

2.The Director of Public Health and Preventive Medicine, D.M.S.Compound, Chennai - 600 006.

3.R.Kalyanasundaram, Block Health Supervisor, Primary Health Centre, T.Palur, Perambalur District.

4.P.Annamalai, Block Health Supervisor, Primary Health Centre, Labbaikudikadu, Perambalur District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to include the name of the petitioner in the panel for the year 2003-2004 for promotion to the post of Block Health Supervisor and consequently promote him as Block Health Supervisor from the date on which the respondents 3 and 4 were promoted with all monetary and other consequential service benefits.

For Petitioner : Mr.P.Premnarayanan For Respondents 1 and 2 : Ms.Thangavadhana Balakrishnan Additional Government Pleader

O R D E R

The Writ Petition has been filed for a direction to the respondents 1 and 2 to include the name of the petitioner in the panel for the year 2003-2004 for promotion to the post of Block Health Supervisor and consequently promote him as Block Health Supervisor from the date on which the respondents 3 and 4 were promoted with all monetary and other consequential service benefits.

2. Today, when the matter was came up for hearing, the learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that after filing of the Writ Petition, the petitioner has been promoted to the post of Block Health Supervisor by proceedings No.60793/MP2/ S1/2006/32 dated 29.02.2008. However, it is contended by the learned counsel appearing for the petitioner that though promotion has been granted to the petitioner the same is only from the year 2008 but actually the claim of the petitioner is from the year 200304 itself which has not been granted.

3. In these circumstances, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to make a representation to the concerned authority for fixing the seniority of the petitioner to the post of Block Health Supervisor in the year 2003-04 and for other eligible consequential benefits and he has also made an endorsement to that effect.

4. In view of the same, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to make such representation to the concerned authority on or before 31.03.2018. On such representation being made by the petitioner, the concerned authority shall consider the same and pass orders, on merits and in accordance with law, within a period of eight weeks thereafter. No costs.

sri Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar

To 1.The Secretary , Government of Tamil Nadu, Health and Family Welfare Department, Chennai - 600 009.

2.The Director of Public Health and Preventive Medicine, D.M.S.Compound, Chennai - 600 006.

+1CC to Mr.R.Prem Narayan, Advocate in SR.NO. 18236 +1 CC to Government Pleader Advocate SR.NO. 18826 W.P. No.31107 of 2004 MLT-27/03/2018