Madras High CourtWP/18947/2018disposed of

V.Kumaresan,S/O.Vengidusamy v. The Principal Secretary Of

2018-07-26Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.18947 of 2018 in WMP.Nos.22345 & 22346 of 2018 V.Kumaresan .. Petitioner Vs

1. The Principal Secretary of Commissioner of Revenue/Administration, Chepauk, Chennai-600 005.

2.The District Collector, Erode District, Erode.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent relating to the order in Pro.Na.Ka.No.333/2017/A4 dated 04.09.2017 to quash the same and to issue consequential directions to the respondents, to include the name of the petitioner in the panel for the year 2017 for promotion as Tahsildar in Erode District Revenue Unit in the appropriate place therein and to promote the petitioner as such with retrospective effect from the date of promotion of the petitioner's immediate junior with consequential benefits. For Petitioner : Mr.M.Ravi For Respondents : Mr.M.Srinivasan, AGP

ORDER

Mr.M.Srinivasan, learned Additional Government Pleader accepts notice for the respondents and on consent of the parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed by the petitioner with a prayer to quash the order dated 04.09.2017 passed by the second respondent in Pro.Na.Ka.No.333/2017/A4 and to issue consequential directions to the respondents, to include the name of the petitioner in the panel for the year 2017 for promotion as Tahsildar in Erode District Revenue Unit in the appropriate place therein and to promote the petitioner as such with

retrospective effect i.e., from the date of his immediate junior was promoted and release the consequential benefits. 3.The grievance expressed by the petitioner in this writ petition is that he has preferred a statutory appeal against the punishment imposed on him in the departmental proceedings by the second respondent vide impugned order dated 04.09.2017. The same is yet to be disposed of. In the meanwhile, his juniors having been promoted, he filed this writ petition seeking the relief as he has no other speedy and efficacious remedy.

4. It is submitted by the learned counsel for the petitioner that though the petitioner has sought for the aforesaid relief but now he confines his prayer seeking a direction to the second respondent to dispose of his appeal within a stipulated period in its own merit.

5.Mr.M.Srinivasan, the learned Additional Government Pleader has no objection to allow the prayer made. 6.Considering the aforesaid fact and the limited prayer sought for by the petitioner, this Court dispose of this writ petition at the stage of admission itself without seeking counter affidavit, with a direction to the first respondent to dispose of the statutory appeal dated 20.09.2017 filed by the petitioner, if the same is pending, in accordance with law within a period of six weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar dn To

1. The Principal Secretary of Commissioner of Revenue/Administration, Chepauk, Chennai-600 005.

2.The District Collector, Erode District, Erode.

+1cc to Mr.M.RAVI, Advocate, S.R.No. 50672 +1cc to the Special Government Pleader, S.R.No. 51393 W.P.No.18947 of 2018 ak(CO) TR(30/08/2018)