R.Thiyagarajan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29256 of 2019 R.Thiyagarajan ... Petitioner Vs.

1.The State of Tamil Nadu rep. by its, Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai-9 2.The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-15 3.The District Collector, Nagapattinam, Nagapattinam District 4.V.Pichumani ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the claims of the petitioner for retrospective promotion as Assistant on par with junior Mr.Pichumani w.e.f. 07.11.2012 with all consequential benefits.

For Petitioner : Mr.G.Elanchezhiyan For Respondents : Mr.A.N.Thambidurai, Special Government Pleader

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that the petitioner was appointed as Junior Assistant in the year 2010 and his services were regularised on 30.11.2010 and his probation was declared in the year 2012. Thereafter the petitioner was promoted as Rural Welfare Officer Grade-I in the year 2013 and he was transferred and posted as Assistant in the year 2014. Thereafter 1/3

overlooking the petitioner, his juniors were promoted, thereby the petitioner made representation dated 21.03.2017 for retrospective promotion on par with his junior, namely V.Pichumai, but till date the same has not been considered. Hence, the petitioner has filed the present petition. 3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents 1 to 3 to consider the representation of the petitioner dated 21.03.2017 and pass orders, within a stipulated time fixed by this Court.

5.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioner's representation dated 21.03.2017 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar lok To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai-9 2.The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-15 2/3

3.The District Collector, Nagapattinam, Nagapattinam District +1cc to Mr.G.Elanchezhiyan, Advocate sr.85945 +1cc to Government Pleader SR.NO. 86110 W.P.No.29256 of 2019 pvs(co) nr 21/11/2019 3/3