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Madras High CourtWP/2733/2016disposed of

N.Arthi, v. The State Of Tamil Nadu,

2016-01-27Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.2733 of 2016 N.Arthi .. Petitioner Vs.

The State of Tamil Nadu Rep.by its Principal Secretary Rural Development and Panchayat Raj Department, Secretariat, Chennai-9 2.The Director Rural Development and Panchayat Raj Department Panagal Maligai Chennai-15.

3.The District Collector Nagapattinam, Nagapattinam District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to pass orders on the representation of the petitioner dated 04.12.2015 in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.01.2012 and GO.(1 Pa) No.447, Rural Development and Panchayat Raj (Pa.a-4) Department dated 19.08.2015 passed by the first respondent.

For Petitioner : Mr.G.Elanchezhiyan For respondents : Mr.S.Gunasekaran, GA

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Mandamus to direct the first respondent to pass orders on the representation of the petitioner dated 04.12.2015 in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.01.2012 passed by the first respondent, within a stipulated time.

2.The petitioner was appointed as Junior Assistant on

Compassionate Grounds on 02.04.2007. Though, the petitioner was appointed as Junior Assistant and promoted as Assistant, his juniors who joined service as Junior Assistant subsequent to the appointment of the petitioner, were promoted as Assistant earlier to him. The petitioner's juniors had marched over him and he was deprived of the promotional opportunities in time, due to the delay in sending the petitioner to Bhavanisagar Training. In these circumstances, the petitioner gave a representations dated 01.06.2015 and 04.12.2015, requesting the Government to pass orders in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.01.2012 passed by the first respondent. However, according to the petitioner, the respondents have not considered the representation given by the petitioner.

3.Heard the submissions of Mr.G.Elanchezhiyan, learned counsel appearing for the petitioner and Mr.S.Gunasekran, learned Government Advocate who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider the representations of the petitioner dated 01.06.2015 and 04.12.2015 and pass orders on merits and in accordance with law, in the light of the order in GO.(2 pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.01.2012 passed by the first respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar tsh To

1. The Principal Secretary to the State of Tamil Nadu Rep.by its Principal Secretary Rural Development and Panchayat Raj Department, Secretariat, Chennai-9.

2.The Director Rural Development and Panchayat Raj Department Panagal Maligai Chennai-15.

3.The District Collector Nagapattinam, Nagapattinam District.

+1 cc Mr.G.Elanchezhiyan, Advocate, sr.4970 +1 cc to Government Pleader, sr.5081 W.P.No.2733 of 2016 ctk co kra 25.02.2016