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Madras High CourtWP/32687/2016disposed of

K.Shanmugam, v. The Commissioner Of Municipal

2016-09-19Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32687 of 2016 and W.M.P.No.28318 of 2016 K.Shanmugam ... Petitioner vs.

The Commissioner of Municipal Administration, Chepauk, Chennai-5.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondent to consider the representation of the petitioner dated 03.06.2016.

For Petitioner :

Mr.S.Ilamvaludhi For Respondent :

Mr.Srinivasan, Additional Government Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider the representation of the petitioner dated 03.06.2016.

3. The case of the petitioner is that he joined in the service of the respondent as Basic Servant in the year 1985 and became Bill Collector in the year 1987 and promoted as an Assistant in the year 2000 and came under Manager Cadre in the year 2013. While so, the Additional Director of Municipal Administration sent a D.O.Letter to the Municipal Commissioner by his proceedings in Na.Ka.No.31764/2015/K1 dated 20.10.2015 in which a seniority list of Clause IV officers as on 01.10.2015 was published. In that Seniority List, the name of the petitioner was found placed in Sl.No.66 instead of Sl.No.47. 4.

The further case of the petitioner is that while he was working in the office of the Kumarapalayam Municipality, he has received the promotional order on 19.09.2013 and joined in the Office of Rasipuram Municipality on the same day at 11.00 a.m. But in the list of Clause IV Officers Seniority proceedings issued by the respondent in Na.Ka.No.31764/2015/K1, https://hcservices.ecourts.gov.in/hcservices/

the seniority of the petitioner has been assigned as Sl.No.61 and the date of joining in the said post was mentioned as 20.09.2013 Afternoon/Forenoon. Thereafter, the respondent promoted 20 persons to the post of Manager/Accountant/Revenue Officers by an order dated 27.03.2015. In this regard, the petitioner has given a representation to the respondent on 03.06.2016. Since the same has not been considered, the petitioner is before this Court with this Writ Petition.

5. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondent.

6. Considering the limited prayer made in the Writ Petition, without going into the merits of the claim made by the petitioner, this Court directs the respondent to consider the representation of the petitioner dated 03.06.2016, 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. The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The Commissioner of Municipal Administration, Chepauk, Chennai-5.

+1 cc to M/s.S.Ilamvaludhi Advocate sr 53385 +1 cc to Government Pleader sr 53502 W.P.No.32687 of 20156 aa21/10/2016 https://hcservices.ecourts.gov.in/hcservices/