P.Jaishakar Technical v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.30284 of 2023 P.Jaishakar
...Petitioner
Vs 1.Union of India, Represented by its Secretary, Ministry of Environment, Forest and Climate Change, New Delhi.
2.The Secretary, National Biodiversity Authority, CSIR Road, Taramani, Chennai - 600 113.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to reconsider and amend the National Biodiversity Authority (Recruitment and Conditions of Service of Officers and other employees) Regulations, 2006, specifically to incorporate provision for promotion, especially for deserving candidates like the petitioner to the post of Technical Officer 1/4
(Intellectual Property Right) from the post of Technical Assistant in the office of the National Biodiversity Authority, Chennai. For Petitioner : Mr.A.V.Arun For Respondents : Mr.A.Veeramani Central Government Counsel
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The prayer sought for in this Writ Petition is to reconsider and amend the National Biodiversity Authority (Recruitment and Conditions of Service of Officers and other employees) Regulations, 2006 to enable promotions for deserving candidates.
3. Though the petitioner had sought for amendment of the provisions, the learned counsel for the petitioner would submit that he would be satisfied if the petitioner is granted liberty to submit a fresh representation to the second respondent with a consequential direction to 2/4
consider the same within a stipulated time.
4. In view of the submission made by the learned counsel for the petitioner, there shall be a direction to the petitioner herein to submit a fresh representation to the second respondent ventilating his grievances. On receipt of the same, the second respondent herein shall dispose of the same, after giving due opportunity to the petitioner, on its own merits and in accordance with law, within a period of three months from the date of receipt of the representation.
5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Secretary, Union of India, Ministry of Environment, Forest and Climate Change, New Delhi.
2.The Secretary, National Biodiversity Authority, CSIR Road, Taramani, Chennai - 600 113.
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