M.V.Ramalingam v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.7944 of 2016 V.Ramalingam .. Petitioner -vs1.The State of Tamil Nadu, rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Director of Town Panchayats, Kuralagam, Chennai-600 104.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to consider the representation/appeal submitted by the petitioner dated 11.12.2013 followed by reminder dated 26.06.2014, 24.09.2015 and 27.11.2015 and to grant promotion to the petitioner on par with his junior R.Jayapal in the post of Special Grade Executive Officer and Assistant Director of Town Panchayat on notional basis with consequential and other attendant benefits including arrears of salary and revision of retirement benefits as granted for similarly placed persons in Government Letter No.23901/PeRu.1/2013-1 dated 26.05.2014, within a time frame to be fixed by this Court.
For Petitioner : Mr.G.Sankaran For Respondents: Mr.P.Chinnadurai, Government Advocate
O R D E R
The case of the petitioner, V.Ramalingam is that he has given representation/appeal dated 11.12.2013, followed by reminder dated 26.06.2014, 24.09.2015 and 27.11.2015 to the respondents to grant promotion to the petitioner on par with his junior R.Jayapal in the post of Special Grade Executive Officer and Assistant Director of Town Panchayat on notional basis with consequential and other attendant benefits including arrears of salary and revision of retirement benefits as granted for similarly placed persons in Government Letter https://hcservices.ecourts.gov.in/hcservices/
No.23901/PeRu.1/2013-1 dated 26.05.2014. Finding no response whatsoever, pending appeal, he has come to this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.Considering the facts and circumstances of the case, this Court is of the view that as the petitioner's junior R.Jayapal was given promotion, the petitioner, who was a similarly placed person, was also given the same. Hence, the petitioner's pending appeal requires to be disposed of on merits. Therefore, the first respondent is directed to consider the petitioner's appeal dated 11.12.2013, followed by reminders dated 26.06.2014, 24.09.2015 and 27.11.2015 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.
4.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vga To 1.The Secretary to Government, State of Tamilnadu Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Director of Town Panchayats, Kuralagam, Chennai-600 104.
1 cc to Mr.G. Sankaran, Advocate, Sr. 14202 1 cc to Government Pleader, Sr. 14006 W.P. No.7944 of 2016 KGK (CO) kk 21/3 https://hcservices.ecourts.gov.in/hcservices/