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Madras High CourtWP/29453/2019disposed of

K.Kannan v. The Director,

2019-10-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29453 of 2019 K.Kannan ..Petitioner vs 1.The Director Fire and Rescue Service No.12, Rukmani Laxmipathy Road Egmore, Chennai-8.

2.The Deputy Director Fire and Rescue Service West Zone, Coimbatore-18.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to promote the petitioner as leading fireman on par with his colleague and juniors with effect from February 2019 with all attendant benefits including pay fixation, seniority etc.

For Petitioner : Mr.V.Vijayashankar For Respondents : Mr.M.Lalitha Government Advocate

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to promote the petitioner as leading fireman on par with his colleague and juniors with effect from February 2019 with all attendant benefits including pay fixation, seniority etc.

2. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioner is that he joined service as fireman in the year 1996. While he was in service, a punishment

of stoppage of increments for two years was imposed on the petitioner. Aggrieved over the same, the petitioner has filed a review petition before the 1st respondent and the punishment was set aside. Thereafter, promotion was given to the petitioner's juniors excluding his name. Therefore, the petitioner has made a representation to the 2nd respondent to include his name for promotion and the same was forwarded by the 2nd respondent to the 1st respondent to pass appropriate orders. However, 1st respondent has not taken any decision on the proposal sent by the 2nd respondent. Hence this writ petition.

4. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the 1st respondent to consider the proposal forwarded by the 2nd respondent on 02.03.2019 along with the petitioner's representation and pass appropriate orders within the reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 1st respondent to consider the proposal forwarded by the 2nd respondent dated 02.03.2019 along with the petitioner's representation and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Director, Fire and Rescue Service, No.12, Rukmani Laxmipathy Road, Egmore, Chennai-8.

2.The Deputy Director, Fire and Rescue Service, West Zone, Coimbatore-18.

+1cc to Mr.V.Vijay Shankar, Advocate Sr.86254 +1cc to the Government Pleader Sr.86474 W.P.No.29453 of 2019 vg I[co] srg 04/12/2019