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Madras High CourtWP/23721/2019disposed of

R.Gurunarayanan v. State Of Tamil Nadu

2019-09-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.23721 of 2019 R.Gurunarayanan ..Petitioner vs 1.State of Tamil Nadu Rep. by the Principal Secretary to Government 2.The Deputy Secretary to Government .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to include the name of the petitioner in the regular panel of Assistant Section Officer for the year 2009-2010 in appropriate place in Sl.No.53 above the Juniors with consequential and attendant benefits based on the representations submitted by the petitioner dated 31.08.2012 and 26.07.2016 in the light of the various judicial pronouncements on the subject within a time frame.

For Petitioner : Mr.G.Sankaran For Respondents : Mrs.R.Janaki Additional Government Pleader

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to include the name of the petitioner in the regular panel of Assistant Section Officer for the year 2009-2010 in appropriate place in Sl.No.53 above the Juniors with consequential and attendant benefits based on the representations submitted by the petitioner dated 31.08.2012 and 26.07.2016 in the light of the various judicial pronouncements on the subject within a time frame.

2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

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3.Learned counsel for the petitioner submitted that the petitioner was appointed as Assistant in Home Department on 25.06.2007 through TNPSC. His service has been regularised in the post of Assistant from the date of his appointment and probation was declared on 24.06.2009. The next avenue of promotion is to the post of Assistant Section Officer. Due to administrative reasons, the petitioner has belatedly completed the foundational training. Therefore, the petitioner has made representations on 31.08.2012 and 26.07.2016 for inclusion of his name in the panel Assistant for the post of Assistant Section Officer for the year 2009-2010. However, the petitioner's representations were not considered by the respondents till date. Hence this writ petition.

4. Learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations and pass appropriate orders within a reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the respondents to consider the petitioner's representation dated 26.07.2016 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Kj To 1.The Principal Secretary to Government State of Tamil Nadu 2/4

2.The Deputy Secretary to Government +1cc to Mr.G.Sankaran, Advocate sr.81456 +1cc to Government Pleader SR.NO. 81620 W.P.No.23721 of 2019 br(co) nr 01/11/2019 3/4