P.Bala Murali, v. The Divisional Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2723 of 2016 Bala Murali ... Petitioner Vs.

1.The Divisional Engineer Construction and Maintenance Highways Department Namakkal, Namakkal District.

2.The Assistant Divisional Engineer Construction and Maintenance Highways Department Namakkal, Namakkal District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct 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 Assistant Draughtsman and all other purpose based on his representation dated 27.02.2011 within the time limit that may be stipulated by this Court.

Petitioner : Mr. G.Thalaimutharasu For Respondents : Mr. M.L.Mahendran, Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed for issuance of writ of mandamus directing the respondents to make necessary entry in respect of consider petitioner's educational qualification i.e. Diploma in Civil Engineering (DCE) in his service register and consider him for promotion to the post of Assistant Draughtsman and all other purpose based on the representation dated 27.02.2011.

3. The case of the petitioner is that he has completed 10th standard in the year 1992. Based on the educational qualification and employment seniority, he was appointed as Road Worker (Road Mazdoor) on 29.10.1997 in the Rural Development Department through employment exchange. His service was regularised with effect from 19.02.1999.

4. The petitioner would further state that he studied Diploma in Civil Engineering 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 and the name of the institution is placed at Sl.No.140 of the list issued by the University Grants Commission.

5. The grievance of the petitioner is that he was not promoted to the post of Assistant Draughtsman. In this regard, he made a representation dated 27.02.2011 to the second respondent. Since no order has been passed on the said representation, the present writ petition has been filed.

6. Heard the submission of Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.M.L.Mahendren, learned Government Advocate, who accepts notice on behalf of the respondents.

7. This Court, considering the submission of the learned counsel for the petitioner, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 27.02.2011 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.

8. This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh

To 1.The Divisional Engineer Construction and Maintenance Highways Department Namakkal, Namakkal District.

2.The Assistant Divisional Engineer Construction and Maintenance Highways Department Namakkal, Namakkal District.

+1cc to Mr.G. Thalaimutharasu, Advocate, S.R.No.4965 +1cc to the Government Pleader, S.R.No.5085 CTK(CO) EU(23/02/2016) W.P.No.2723 of 2016.