Balachandar.R v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR WP.No.21655 & 21659 of 2023 P.Balachandar .. Petitioner in W.P.No.21655 of 2023 L.Nagaraj .. Petitioner in W.P.No.21659 of 2023

Versus

1.The Principal Secretary to Government Higher Education Department Secretariat, Chennai - 600 009 2.The Syndicate Tamilnadu Teacher's Education University Karapakkam, Chennai - 600 097 3.The Vice Chancelor Tamilnadu Teacher's Education University Karapakkam, Chennai - 600 097 4.The Registrar Tamilnadu Teacher's Education University Karapakkam, Chennai - 600 097 .. Respondents in both cases Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to fill up the vacancy for the post of Superintendent by promoting the petitioners as per the seniority list by considering the petitioners' representation dated 16.05.2023 and subsequently direct the respondents to form a permanent committee for preparing the seniority list every year on the basis of Merit. For Petitioner : Mr.C.Kasirajan 1/4

For Respondents : Mr.S.Rajesh for R1 Government Advocate No appearance for R2 to R4 COMMON ORDER These writ petitions are filed seeking to direct the respondents to fill up the vacancy for the post of Superintendent by promoting the petitioners as per the seniority list by considering the petitioners' representation dated 16.05.2023 and subsequently direct the respondents to form a permanent committee for preparing the seniority list every year on the basis of merit.

2. Despite the name being printed in the cause list, none appeared on behalf of the respondents 2 to 4 in both the writ petitions.

3. It is the case of the writ petitioners that they have been appointed as Assistant during the year 2016 and their probations were declared during the year 2018. It is the grievance of the writ petitioners that there are vacancies available in the cadre of Superintendent and the petitioners are entitled to be promoted for the post of Superintendent. On representations of the petitioners, an Administrative Reforms Committee was formed and a resolution was passed dated 23.09.2022 by stating the list of eligible candidates based on seniority for the promotion to the post of Superintendent, wherein, the petitioners are 2/4

figured as 4 and 5 respectively. In this regard, they had submitted representations dated 16.05.2023, which are pending without consideration till date. Hence, these writ petitions.

4. Heard both sides and perused the materials placed on record. Considering the limited relief sought for in this writ petitions and none appeared on behalf of the respondents 2 to 4, this Court, without going into merits of these cases, directs the respondents to consider the representations of the petitioners dated 16.05.2023 and pass order(s) on its own merits and in accordance with law within a period of two months from the date of receipt of a copy of this Order.

5. Accordingly, these writ petitions stands disposed of. No costs. 31.07.2023 dhk Index:Yes/No Internet: Yes/No N.SATHISH KUMAR, J.

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To 1.The Principal Secretary to Government Higher Education Department Secretariat, Chennai - 600 009 2.The Syndicate Tamilnadu Teacher's Education University Karapakkam, Chennai - 600 097 3.The Vice Chancelor Tamilnadu Teacher's Education University Karapakkam, Chennai - 600 097 4.The Registrar Tamilnadu Teacher's Education University Karapakkam, Chennai - 600 097 WP.Nos.21655 & 21659 of 2023 31.07.2023 4/4