K.Siva v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Siva .. Petitioner Vs.

1.The Commissioner, Kancheepuram Municipality, Kancheepuram.

2.The District Collector, Collector Office, Chengalpet.

3.The Additional Director, Kancheepuram Mandalam, Kancheepuram.

4.The Executive Officer, Town Panchayat Officer, Thirukkaluzhukundram, Chengalpet District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to promote the petitioner as Sanitary Supervisor as per the panel of the 4th respondent in Na.Ka.1/2021/TH.A dated 04.01.2021 by considering the representation dated 23.08.2024 made by the petitioner in accordance with law.

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For petitioner :

Mr.S.Senthilvel For R1 :

Mr.RA.Gopinath Standing Counsel For RR 2 & 3 :

Mr.C.Selvaraj Additional Government Pleader For R4 :

Mr.T.ArunKumar Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to promote the petitioner as Sanitary Supervisor as per the panel prepared by the 4th respondent dated 04.01.2021 by considering the representation of the petitioner dated 23.08.2024. 2.Heard the learned counsel for the petitioner, learned Standing Counsel for the 1st respondent, learned Additional Government Pleader for the respondents 2 & 3 and the learned Additional Government Pleader for the 4th respondent.

3.The case of the petitioner is that he was appointed as Sanitary 2/5

Worker in the year 1997 by the 4th respondent. The petitioner was working in the same post for more than 27 years. The next avenue of promotion for the petitioner is to the post of Sanitary Supervisor. The 4th respondent prepared a panel list in the year 2021 and it was released by proceedings dated 04.01.2021. In this seniority list, the petitioner was placed in the 4th position. The specific case of the petitioner is that the persons whose name were found in the first three positions did not have proper qualification and therefore, their names was not considered for promotion. That apart, the person in the 2nd position also gave a letter stating that he does not want any promotion. In view of the same, the petitioner claims that he is the only person to be considered for promotion. In this regard, he made a representation dated 23.08.

2024 to the respondents 2 to 4. Since the same did not evoke any response, the present writ petition has been filed before this Court. 4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 3rd respondent to deal with the representation made by the petitioner on 23.08.

copy of this order. A copy of the representation shall also be marked to the 4th respondent.

5.In the result, this Writ Petition is disposed of with the above directions. No costs.

03.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Commissioner, Kancheepuram Municipality, Kancheepuram.

2.The District Collector, Collector Office, Chengalpet.

3.The Additional Director, Kancheepuram Mandalam, Kancheepuram.

4.The Executive Officer, Town Panchayat Officer, Thirukkaluzhukundram, Chengalpet District.

N.ANAND VENKATESH, J.

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