N.Selvaraj v. The Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2515 of 2016 N.Selvaraj ..Petitioner Vs 1 The Divisional Engineer, Highways Department, Gobichettipalayam, Erode District.
2 The Assistant Divisional Engineer, Highways Department, Gobichettipalayam, Erode District.
..Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents to make necessary entry in respect of petitioner's educational qualification i.e. Diploma in Civil Engineering (DCE) in his Service Register thereby consider him for promotion to the post of Junior Engineer and all other purpose based on his representation dated 06.11.2015 within the time limit that may be stipulated by this Honourable Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.S.Gunasekaran Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal at the admission stage itself.
2. According to the petitioner, he was appointed as Road Worker (Road Mazdoor) in the respondent Department on 28.10.1997 through Employment Exchange. His service was regularised on 03.02.1999. Thereafter, he was promoted as Road
Inspector Grade - II on 17.07.2009 and as Road Inspector, Grade I, on 02.12.2013.
3. The petitioner would further state that he has completed Diploma in Civil Engineering (3 years) at Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University through Distance Education Mode with proper permission from the respondents' department and successfully completed the course in the year 2010. The petitioner would further claim that the University where he studied is a recognised one by the University Grants Commission and the same was adopted vide G.O.Ms.No.30 P & AR (S) Department dated 30.04.2014 in Sl.No.425.
4. The grievance of the petitioner is that after completing the Diploma, the petitioner approached the respondents to enter his educational qualification in the service register with a view to get further promotion. Since it was not considered, he made representations dated 14.05.2013, 11.08.2014 and 18.02.2015. No action was taken on the above said representations. Hence, the present writ petition has been filed.
5. Heard the submission of Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents.
6. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the case, directs the first respondent to consider the representations of the petitioner dated 14.05.2013, 11.08.2014 and 18.02.2015 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sms
To 1 The Divisional Engineer, Highways Department, Gobichettipalayam, Erode District.
2 The Assistant Divisional Engineer, Highways Department, Gobichettipalayam, Erode District.
+ 1 cc to Mr.G. Thalaimutharasu, Advocate sr.4564 + 1 cc to Government Pleader Sr.4517 W.P.No.2515 of 2016 GJ(CO) Eu 5.2.16