R.Rajendran, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.17244 of 2018 & WMP.No.20556 of 2018 R.Rajendran .. Petitioner Vs 1.The Principal Secretary to the Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Secretary, Tamil Nadu Public Service Commission, Chennai-600 003.
3.The Director of Town Panchayat, Kuralagam, Chennai-600 108.
4.The District Collector, Coimbatore District Collectorate, Coimbatore-641 018.
5.The Assistant Director of Town Panchayat, Coimbatore Collectorate, Coimbatore-641 018.
6.The Executive Officer, Kottur Town Panchayat, Kottur. ...Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 07.09.2016 sent through the Sixth respondent to the fifth respondent for promotion in the existing nine vacancies as per the seniority list dated 06.10.2017 finalised by the sixth respondent as per G.O.(Ms) No.150 MAWS (TP2) Department dated 19.08.1998.
For Petitioner : Mr.S.D.S.Phillip For Respondents: Mr.R.Janaki, AGP for R1, R3 to 5 Mr.P.Raja, GA for R6
ORDER
This writ petition has been filed by the petitioner seeking for a direction to the respondents to consider the petitioner's representation dated 07.09.2016 sent through the Sixth respondent to the fifth respondent for promotion in the existing nine vacancies as per the seniority list dated 06.10.2017 finalised by the sixth respondent as per G.O.(Ms) No.150 MAWS (TP2) Department dated 19.08.1998.
2.
The grievance expressed by the petitioner is that though he had rendered 22 years of service, he has not been considered for promotion for the post of Junior Assistant even if he was placed in serial No.4 as an eligible person in the final list of the eligible employees by the proceedings of the fifth respondent dated 10.11.2014 and also placed in Sl No.118 as an eligible person in the seniority list dated 06.10.2017 for promotion of the eligible employees vide G.O.(Ms.) NO.150 MAWS (TP2) Department dated 19.08.1998 finalised by the sixth respondent. In this regard, the petitioner submitted a representation dated 07.09.2016 to 5th respondent. Since, no response has been received from the respondents, the petitioner came forward to file this writ petition.
3. Though, the learned Additional Government Pleader has accepted notice on behalf of respondents 1,3 to 5 and learned Government Advocate takes notice for the sixth respondent, no counter affidavit has been filed.
4. Heard the submissions of the learned counsel appearing for the petitioner, so also, perused the material on record.
5. Considering the nature of relief sought for by the petitioner without going into the merits of the petitioner's representation, this Court is inclined to dispose of this writ petition in the absence of any counter affidavit, with a direction to the 5nd respondent to consider and dispose of the petitioner's representations dated 07.09.2016, if it is pending, in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Consequently,
connected miscellaneous petition is closed. However, It is made clear that this Court has not express any opinion on the merits of the representation submitted by the petitioner.No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dn To 1.The Principal Secretary to the Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Secretary, Tamil Nadu Public Service Commission, Chennai-600 003.
3.The Director of Town Panchayat, Kuralagam, Chennai-600 108.
4.The District Collector, Coimbatore District Collectorate, Coimbatore-641 018.
5.The Assistant Director of Town Panchayat, Coimbatore Collectorate, Coimbatore-641 018.
6.The Executive Officer, Kottur Town Panchayat, Kottur.
+1cc to the Government Pleader Sr.52430 +1cc to Mr.SDS.Philip, Advocate Sr.50982 +1cc to Mr.P.Raja, Advocate Sr.51723 W.P.No.17244 of 2018 & WMP.No.20556 of 2018 nm[co] srg 14/09/2018