D.Yesubalan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.42746/2016 1.D.Yesubalan 2.K.Vijayan ..

Petitioners Vs.

The Commissioner Tirupur Corporation Tirupur.

..

Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondent to pass order for promotion of the petitioner to the post of Driver based on the permission granted as per the proceedings of the Commissioner of Municipal Administration, Chennai-5, with all consequential and other attendant benefits, within a time frame to be fixed by this Court. For Petitioners :

Mr.G.Sankaran for Mr.A.Maheshnath For Respondent :

Mrs.P.Shanthi

ORDER

By consent, the writ petition is taken up for final disposal. The petitioners are employed as "Turn Cork" in the services of the respondent / Corporation and they are in possession of

HMV Vehicle Driving Licenses and they also possess 8th standard and therefore, they prayed for promotion as Drivers and in this regard, has also submitted individual representations dated 24.02.2016 and 02.05.2016 respectively to the respondent and since it is yet to be given disposal, they have come forward to file the present writ petition. The learned counsel for the petitioners has drawn the attention of this Court to the letter of the Director, Municipal Administration, Chennai-5 dated 16.10.2012 in O.Mu.No.41507/2012/J3, addressed to the respondent and would submit that in similar facts and circumstances, appropriate directions have been given to fill up the post of drivers by giving promotions to ten persons which include the petitioners herein and despite the receipt of the said communication from the superior officer, the respondent is yet to comply with the same and hence, the petitioners are constrained to approach this Court, by filing this writ petition.

Heard the submissions of Mrs.P.Shanthi, learned Standing Counsel who accepts notice on behalf of the respondent.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondent to consider and dispose of the petitioners' representations dated 24.02.2016 and 02.05.2016 respectively, on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition stands disposed of with the above direction. No costs.

07.12.2016 Index : No Internet : Yes AP To The Commissioner Tirupur Corporation Tirupur.

M.SATHYANARAYANAN, J., AP WP.No.42746/2016 07.12.2016 http://www.judis.nic.in