Tmt.J.Sendhilkumari v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Senthilkumari, District Differently Abled Welfare Officer, Chengalpattu District, Now District Differently Abled Welfare Officer, Tiruvannamalai District.

.. Petitioner Vs.

1.The Secretary to Government, Welfare of the Differently Abled Persons Department, Secretariat, Chennai - 600 009.

2.The State Commissioner, Directorate for the Welfare of Differently Abled Persons, 5, Kamarajar Salai, Chepauk, Chennai - 600 005.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 & 2 to consider the representation made by the petitioner dated 13.05.2024 for her promotion to the post of Deputy Director in the office of the 2nd respondent which is now vacant, based on her service rendered in the cadre of Assistant Director from 2015, within a reasonable period as may be fixed by this Court.

For petitioner :

Mr.T.Ranganathan For Respondents :

Mr.P.Balathandayutham Special Government Pleader 1/4

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 & 2 to consider the representation made by the petitioner on 13.05.2024, wherein the petitioner is seeking for promotion to the post of Deputy Director in the office of the 2nd respondent based on the service rendered by her in the cadre of Assistant Director from the year 2015 onwards.

2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 3.The case of the petitioner is that she is now working in the cadre of Assistant Director from 10.02.2015. The next avenue of promotion is to the post of Deputy Director as per the Adhoc Rules issued in G.O.(Ms.).No.2, Welfare of Differently Abled Persons Department, dated 15.03.2024. The further case of the petitioner is that the said post is now vacant in the 2nd respondent office and therefore, the petitioner made a representation in this regard on 13.05.2024 requesting the respondents to consider the promotion of the petitioner to the post of Deputy Director. Since, the same was not considered, the present writ petition has been filed before this Court.

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4.Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner on 13.05.2024 on its own merits and in accordance with law and take a decision within a period of six (6) weeks from the date of receipt of a copy of this order.

5.The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and a copy of this order. A copy of the representation shall also be marked to the 2nd respondent.

6.In the result, this Writ Petition stands disposed of with the above directions. No costs.

12.09.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The Secretary to Government, Welfare of the Differently Abled Persons Department, Secretariat, Chennai - 600 009.

2.The State Commissioner, Directorate for the Welfare of Differently Abled Persons, 5, Kamarajar Salai, Chepauk, Chennai - 600 005.

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