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Madras High CourtWP/30467/2016disposed of

K.P.Shanmugam v. The Commissioner Of Municipal

2016-09-01Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.30467 & WMP No.26417 of 2016 K.P.Shanmugam ... Petitioner Vs.

1. The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

2. The Additional Director of Municipal Administration, Chepauk, Chennai - 600 005.

3. The Commissioner, Pollachi Municipality, Pollachi.

... Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to direct the respondents to promote the petitioner as Electrical Superintendent Grade II. For Petitioner : Mr.S.Ilamvaludhi For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

This Writ Petition has been filed to direct the respondents herein to direct the respondents to promote the petitioner as Electrical Superintendent Grade II.

2. The petitioner is working as a Grade I Electrician from 11.04.1988 to till date. According to the petitioner, he is eligible to be promoted as Electrical Superintendent and because of the Administrative delay, he has not been promoted till date. Therefore, the petitioner has given a representation to the second respondent on on 28.07.2016. But till date, the promotion of the petitioner was not considered by the respondents. Hence, this Writ Petition has been filed seeking the relief stated supra.

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3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

4. According to the petitioner, he is eligible for promotion for the post of Electrical Superintendent and even though he has made representation to the second respondent and the said representation has been forwarded to the first respondent by proceedings dated 16.08.2016, he has not been considered for promotion. Even in the proceedings of the second respondent, it has been clearly stated that the petitioner is fit for promotion. But inspite of the same, he has not been considered.

5. Considering the submissions on either side and in view of the recommendation made by the second respondent, the first respondent is directed to pass an appropriate order on the representation of the petitioner dated 28.07.2016 within a period of two months from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vrc To

1. The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

2. The Additional Director of Municipal Administration, Chepauk, Chennai - 600 005.

3. The Commissioner, Pollachi Municipality, Pollachi.

+1cc to Mr.R.S.Selvam, Advocate, S.R.No.49831 +1cc to the Government Pleader, S.R.No.50308 W.P. No.30467 of 2016 PPA(CO) CA(16/09/2016) https://hcservices.ecourts.gov.in/hcservices/