K. Gopal v. The Director Of Town

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25411 of 2006 1.k.Gopal 2.S.Ramesh ... Petitioners Vs.

1.The Director of Town Panchayat, Kuralagam, Chennai-600 005.

2.The District Collector, Coimbatore District, At Coimbatore.

3.The Assistant Director of Town Panchayats, Coimbatore, Coimbatore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records relevant to the order in Na.Ka.No.3397/2006/Pa.2 dated 27.07.2006 passed by the second respondent and quash the same as illegal, improper, unreasonable, arbitrary, against the rule of law and natural justice and against the seniority list and thereby direct the respondents to follow the seniority list dated 01.01.2004 and promote the petitioners as Head Clerk in the respondents Town Panchayat and pay back all the service benefits to the petitioners.

For Petitioners : Mr.E.M.K.Yashwant Rao For Respondents : Mr.K.Ravikumar Additional Government Pleader, for R1 to R3.

O R D E R

The petitioners have filed this writ petition challenging the temporary promotion granted to other employees wherein, the petitioners' names were not considered in the promotion list.

2. The learned Additional Government Pleader appearing for https://hcservices.ecourts.gov.in/hcservices/

the Respondents would submit that two persons have filed the writ petition challenging the same impugned order in Na.Ka.No.3397/2006/Pa.2, dated 27.07.2006. However, the first petitioner's name was considered and he was granted promotion by order dated 17.06.2017. In respect of the second petitioner since 17(b) charges are pending against him, his promotion could not be considered favourably.

3. Recording the statement of the learned Additional Government Pleader the writ petition is closed in respect of the first petitioner. However, in respect of the second petitioner after outcome of the 17(b) charges, his case will be considered. Accordingly the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar msvm To 1.The Director of Town Panchayat, Kuralagam, Chennai-600 005.

2.The District Collector, Coimbatore District, Coimbatore.

3.The Assistant Director of Town Panchayats, Coimbatore, Coimbatore District.

+1cc to Government Pleader SR.No.36599 W.P.No.25411 of 2006 GN(25/06/2018) https://hcservices.ecourts.gov.in/hcservices/