Baderinissa Rahman v. The Additional Chief Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:13.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Badernissa Rahman ... Petitioner vs.
1.The Additional Chief Secretary to Government Government of Tamil Nadu, Finance Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Small Savings, Small Savings Department, 5th floor, Perasiriyar K. Anbazhagan Complex, 571, Anna Salai, Nandanam, Chennai - 600 035.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the 1st Respondents to pass appropriate orders on the proposal sent by the 2nd Respondent in Lr.Rc.No.A/4389/2017 dated 21.04.2021 for inclusion of the Petitioner's name in the Panel of the year 2016-17 for promotion to the post of Deputy Director of Small Savings for endowing the petitioner the notional promotion in the post of Deputy Director of Small Savings in the commissionerate of Small Savings, Chennai - 35 with effect from 28.10.2017, the date on which the petitioner's Junior Thiru 1/6
T.Bhoopathy was promoted to the post for obtainment of service as well as the pensionary benefits, the petitioner entitles for. For Petitioner : Mr.R.Ramachandran For Respondents : Mr.V.Ravi Special Government Pleader
ORDER
This writ petition has been filed for a mandamus seeking for a direction to the first respondent to pass appropriate orders on the proposal sent by the second respondent dated 21.04.2021 seeking for inclusion of the petitioner's name in the panel for the year 2016-17 for promotion to the post of Deputy Director of Small Savings for endowing the petitioner's notional promotion in the post of Deputy Director of Small Savings in the commissionerate of Small Savings, Chennai - 35 with effect from 28.10.2017, the date on which the petitioner's Junior Thiru T.Bhoopathy was promoted to the said post.
2. Mr. V.Ravi, learned Special Government Pleader accepts notice on behalf of the respondents. By consent of both parties, this Writ petition is taken up for final disposal in the admission stage itself.
3. According to the petitioner, the second respondent has already 2/6
submitted his proposal to the first respondent in favour of the petitioner for the aforementioned purpose. However, according to the petitioner, the said proposal is still pending consideration. The petitioner seeks for passing of appropriate orders by the first respondent on the said proposal within a time frame to be fixed by this Court.
4. Heard Mr. R.Ramachandran, learned counsel for the petitioner and Mr.V.Ravi, learned Special Government Pleader appearing for the respondents.
5. No prejudice would be caused to the respondents, if the second respondent's proposal is considered by the first respondent and final orders are passed on merits and in accordance with law within a time frame to be fixed by this Court.
6. For the forgoing reasons, this court directs the first respondent to pass appropriate orders on the second respondent's proposal dated 21.04.2021 seeking for inclusion of the petitioner's name in the panel for the year 2016-17 for promotion to the post of Deputy Director of Small Savings 3/6
and give him notional promotion within a period of eight weeks from the date of receipt of a copy of this Order.
7. With the aforesaid directions this Writ Petition is disposed of. No costs.
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To 1.The Additional Chief Secretary to Government Government of Tamil Nadu, Finance Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Small Savings, Small Savings Department, 5th floor, Perasiriyar K. Anbazhagan Complex, 571, Anna Salai, Nandanam, Chennai - 600 035.
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ABDUL QUDDHOSE, J.
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