M.Palanisamy v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.23476 of 2024 M.Palanisamy ... Petitioner Vs.
1.The Principal Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Chennai-09.
2.The Director Directorate of Municipal Administration, 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
3.The Commissioner Salem Corporation, Salem-1.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to promote 1/6
the petitioner from the post of Executive Engineer to the post of Superintending Engineer / City Engineer lying vacant in the Salem Corporation by considering the representations of the petitioner dated 07.03.2023 and 25.07.2024. For Petitioner : Mr.K.Selvakumar For Respondents : Mr.S.Rajesh Government Advocate for R1 and R2 Mrs.N.Devi Standing Counsel for R3
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the 1st and 2nd respondents to consider the representations made by the petitioner on 07.03.2023 and 25.07.2024 and to promote the petitioner from the post of Executive Engineer to the post of Superintending Engineer/City Engineer which according to the petitioner is lying vacant in the Salem Corporation. 2.Heard Mr.K.Selvakumar, learned counsel appearing on behalf of the petitioner, Mr.S.Rajesh, learned Government Advocate appearing on behalf of 2/6
respondents 1 and 2 and Mrs.N.Devi, learned Standing Counsel appearing on behalf of the 3rd respondent.
3.The case of the petitioner is that he was employed as Executive Engineer (Planning) in Salem Corporation from 19.09.2019 onwards. The further case of the petitioner is that the post of Superintending Engineer/City Engineer in Salem Corporation fell vacant during March 2023. The feeder category for the said post is the Executive Engineer in the same Corporation. Since the petitioner is possessing the requisite qualification, the petitioner made representations to the respondents, requesting for his promotion to the post of Superintending Engineer/City Engineer.
4.The grievance of the petitioner is that the representations did not evoke any response and the post is still lying vacant. Therefore, the petitioner has filed the present writ petition seeking for appropriate direction. 5.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be 3/6
a direction to the 1st and 2nd respondents to consider the representation made by the petitioner on 25.07.2024 on its own merits and in accordance with law and in line with the relevant Government Orders and take a decision, within a period of six weeks from the date of receipt of copy of this order and intimate the same to the petitioner.
6.The petitioner is directed to make a fresh representation to the 1st and 2nd respondents along with all the relevant documents and also a copy of this order.
7.This writ petition is disposed of with the above directions. No Costs. 19.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 4/6
To 1.The Principal Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Chennai-09.
2.The Director Directorate of Municipal Administration, 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
3.The Commissioner Salem Corporation, Salem-1.
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N. ANAND VENKATESH, J.
ssr W.P.No.23476 of 2024 19.08.2024 6/6