R.Ranjith Kumar v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.P.No.20194 of 2020 and W.M.P.No.24950 of 2020 R.Ranjith Kumar

...Petitioner

Vs.

1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Town Panchayats, Municipal Administration Office Complex, Raja Annamalaipuram, Chennai - 600 028.

3. The District Collector, Salem District, Salem.

4. The Assistant Director, Town Panchayats, Salem District, Salem.

...Respondents

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Prayer : Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining the order dated 09.11.2020 made in Na.Ka.No.8353/2020/A1 of the 2nd respondent, quash the same and consequently, direct the 2nd respondent to grant promotion to the petitioner following his position in the seniority order. For Petitioner : Mr.A.V.Artin For Respondents : Mr.S.Rajesh, Government Advocate for R1 to R4

ORDER

The instant Writ Petition has been filed challenging the order of promotion given to 63 individuals overlooking the petitioner's seniority. 2.It appears that the petitioner has also given a representation dated 11.11.2020 to the 2nd respondent. It appears that the petitioner was overlooked on the ground of pendency of criminal case as well as the disciplinary proceedings. The petitioner's promotion was deferred on account of detailed enquiry which resulted in the criminal complaint. Now, the DVAC criminal complaint has been closed and the detailed enquiry was also dropped. In such a scenario, this Court is of the view that instead of adjudicating the matter on merits, it is appropriate to direct the respondents to consider the representation of the petitioner dated 11.11.2020.

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3.Therefore, without going into the merits of the matter, the instant Writ Petition is ordered, directing the 2nd respondent to consider the representation of the petitioner dated 11.11.2020, taking into consideration of the subsequent developments and pass appropriate orders in accordance with Law within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the petitioner is at liberty to challenge the such order. Consequently, connected Miscellaneous Petition is closed. No costs. 24.10.2024 Index :Yes/No Speaking order :Yes/No :Yes/No mps To

1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Town Panchayats, Municipal Administration Office Complex, Raja Annamalaipuram, Chennai - 600 028.

3. The District Collector, 3/5

Salem District, Salem.

4. The Assistant Director, Town Panchayats, Salem District, Salem.

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C. KUMARAPPAN, J.

mps W.P.No.20194 of 2020 and W.M.P.No.24950 of 2020 24.10.2024 5/5