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Madras High CourtWMP/29304/2022ordered

S.Arunachalam, v. The Secretary To Government,

2023-11-06Honourable Mr Justice K.Kumaresh Babu4 pages

W.M.P.Nos.29304, 29306, 12379 & 12380 of 2022 in W.P.No.20535 of 2010 K.KUMARESH BABU, J.

(i)W.M.P.No.29304 of 2022 has been filed to amend the prayer to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned letter issued by the 2nd respondent in Na.Ka.No.44662/2004/C1 dated 12.08.2004 to quash the condition laid down in the said letter and the consequential order passed by the 3rd respondent in Letter Na.Ka.No.1588/2009/A4(Development) dated 03.12.2009 and quash the same and consequently to direct the respondents to consider the name of the petitioner for promotion as Assistant Director on par with his junior Tmt.B.Kanagam retrospectively instead of calling for the records relating to the impugned letter issued by the 2nd respondent in Na.Ka.No.44662/2004/C1 dated 12.08.

2004 and quash the condition laid down in the said letter and to direct the respondents to consider the name of the petitioner for promotion as Assistant Director on par with his junior Tmt.B.Kanagam retrospectively. (ii)W.M.P.No.29306 of 2022 has been filed to dispense with the production of the original of the said impugned order issued by the 3rd respondent in Na.Ka.No.1588/2009/A4(Development) dated 03.12.2009 and permit the petitioner to file a copy of the same.

(iii)W.M.P.No.12379 of 2022 has been filed to amend the prayed as Writ of Certiorarified Mandamus, to call for the records relating to the impugned letter issued by the 2nd respondent in Na.Ka.No.44662/2004/C1 dated 12.08.2004 and to quash the condition laid down in the said letter and the consequential order passed by the 3rd respondent in Letter Na.Ka.No.1588/2009/A4(Development) dated 03.12.2009 and quash the same and consequently to direct the respondents to consider the name of the petitioner for promotion as Assistant Director on par with his junior Tmt.B.Kanagam retrospectively instead of calling for the records relating to the impugned letter issued by the 2nd respondent in Na.Ka.No.44662/2004/C1 dated 12.08.

2004 and quash the condition laid down in the said letter and to direct the respondents to consider the name of the petitioner for promotion as Assistant Director on par with his junior Tmt.B.Kanagam retrospectively. (iv)W.M.P.No.12380 of 2022 has been filed to dispense with the production of the original of the said impugned order issued by the 3rd respondent in Na.Ka.No.1588/2009/A4(Development) dated 03.12.2009 and permit the petitioner to file a copy of the same. 2.Learned Additional Government Pleader appearing for the respondents has no serious objection in allowing these petitions.

3.Heard learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents. 4.Considering the submission made by the learned counsel for the petitioner and being satisfied with the reasons stated in the affidavits filed in support of these petitions, the petitions are ordered as prayed for. 5.Registry is directed to carry out the necessary amendments. 06.11.2023 pam

K.KUMARESH BABU, J.

pam W.M.P.Nos.29304, 29306, 12379 & 12380 of 2022 in W.P.No.20535 of 2010 06.11.2023