A.Jayaraman, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:26.02.2016
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.Nos.7071 & 7072 of 2016 A.Jayaraman .. Petitioner in W.P. No.7071 of 2016 T.Gopalakrishnan .. Petitioner in W.P. No.7072 of vs 1.Government of Tamil Nadu, rep. by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai 600 009.
2.The Director of Rural Development and Panchayat Raj Department, Chepauk, Chennai-600 005.
3.The District Collector, Nagapattinam, Nagapattinam District.
.. Respondents in both cases Prayer in both cases: Writ petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the appeals preferred by the petitioners on 05.01.2016, 21.01.2016 and 07.01.2016 respectively against the proceedings of the third respondent giving promotion to unqualified persons to the post of Deputy Block Development Officer under Rule 39(a)(i) of the Tamil Nadu State and Subordinate Service Rules and to pass appropriate orders thereon on merits and in accordance with law within a time limit that may be stipulated by this Court. For Petitioners : Mr.S.Mani For Respondents in both cases : Mr.R.Vijayakumar Additional Government Pleader
O R D E R
The petitioners A.Jayaraman and T.Gopalakrishnan joined as Junior Assistants on 12.01.2010 and 06.01.2010 respectively. Their services were regularized from the date of their initial appointment.
2.The grievance of the petitioners is that by proceedings dated 28.12.2015, issued by the third respondent, twenty one qualified persons were given promotion to the post of Deputy Block Development Officer and eight persons, who did not possess the mandatory service qualification, were also given such promotion. It is pertinent to mention that out of the 29 persons, 8 persons are not qualified to hold the post of Deputy Block Development Officer. Therefore, the petitioners have given representations dated 05.01.2016, 21.01.2016 and 07.01.2016 respectively to respondents 1 and 2 against the proceedings of the third respondent, giving promotion to unqualified persons to the post of Deputy Block Development Officer under Rule 39(a)(i) of the Tamil Nadu State and Subordinate Service Rules. But till date the same have not been considered by the respondents. Therefore, they are before this Court.
3.Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents.
4.Considering the limited prayer sought for in the writ petitions, without going into the merits of the cases, this Court hereby directs the first respondent to consider the representations dated 05.01.2016, 21.01.2016 and 07.01.2016 respectively, given by the petitioners and pass 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.
5. Accordingly, the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar vga
To 1.The Secretary to Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai 600 009.
2.The Director of Rural Development and Panchayat Raj Department, Chepauk, Chennai-600 005.
3.The District Collector, Nagapattinam, Nagapattinam District.
+2 ccs to M/s.S.Mani, Advocate, sr.12757 & 12758 +1 cc to Government Pleader, sr.12565 W.P.Nos.7071 & 7072 of 2016 rsk co kra 08.03.2016