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Madras High CourtWP/27198/2023disposed of

K.Kannan v. Tamil Nadu Civil Supplies Corproation,

2023-09-15Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Kannan ... Petitioner Vs.

1.Tamil Nadu Civil Supplies Corporation, Rep by its Managing Director, 10, Thambuswamy Road, Chennai 10.

2.Tamil Nadu Civil Supplies Corporation, Rep by its Senior Regional Manager, Nagai Region, Nagapattinam 611001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 19.6.23 and 8.7.23 of the petitioner requesting to revise the pay in the post of Assistant and also to promote to higher post consequent to proceedings No.E3/2453/2023 dated 15.6.20 of the 2nd respondent without further delay.

For Petitioner :

Mr.S.Venkataraman For Respondents :

Mr.C.Selvaraj, Standing Counsel

ORDER

This Writ Petition has been filed to direct the respondents to consider the representations, dated 19.06.2023 and 08.07.2023 of the petitioner requesting to revise the pay in the post of Assistant and also to Page No.1 of 4

promote to higher post consequent to the proceedings No.E3/2453/2023 dated 15.06.2020 of the 2nd respondent without further delay. 2.The case of the petitioner is that on 22.11.2013, the panel for the post of Junior Assistant has been revised, as a result, the petitioner was reverted back to the post of Bill Clerk. Aggrieved over the same, the petitioner filed a Writ Petition before this Court in W.P.No.33529 of 2013 and this Court vide order, dated 11.03.2022 disposed the same and gave directions to the respondents therein to issue show cause notice and get explanation from the petitioner and thereafter, pass appropriate orders. As per the order of this Court, a show cause notice was issued and the competent authority issued order, dated 15.06.2023 promoting the petitioner as Assistant with effect from 28.11.2016.

Thereafter, the petitioner has given representation, dated 19.06.2023 to the respondents that the pay should be revised as Assistant and he should be promoted as Superintendent by virtue of retrospective promotion as Assistant, however no order has been passed. Therefore, again another representation, dated 08.07.2023 has been given, but there is no response on the side of the respondents. Page No.

3.The learned counsel for the petitioner submitted that despite there is an order for promoting the petitioner to the post of Assistant with effect from 28.11.2016, no promotion was given to the petitioner. In this regard, the petitioner has given two representations, however the same have not been considered so far. Hence, seeks direction of this Court. 4.The learned Standing Counsel appearing for the respondents submitted that appropriate orders will be passed on the representation of the petitioner within a short period.

5.Considering the fact that the competent authority has passed an order for promoting the petitioner as Assistant, this Court directs the respondents to consider the representation of the petitioner and pass orders on merits and in accordance with law, within a period of two months, from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. No costs.

15.09.2023 vv2 Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, 10, Thambuswamy Road, Chennai-10.

2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Nagai Region, Nagapattinam 611001.

15.09.2023 Page No.4 of 4