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Madras High CourtWP/31793/2024disposed of

K.Ravichandran v. The Principal Chief And Chief Engineer

2024-10-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.34553 of 2024 K.Ravichandran ... Petitioner Vs.

1.The Principal Chief and Chief Engineer, Public Works Department, WRD, Chennai Region, Chepauk, Chennai - 600 005.

2.The Superintending Engineer, Public Works Department, WRD, Vellar Basin Circle, Cuddalore, Cuddalore District.

3.The Executive Engineer, Public Works Department, WRD, Vellar Basin Circle, Virudhachalam, Cuddalore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents herein to give promotion to the petitioner as Assistant Engineer in Public Works Department WRD from the date of his joining as Overseer i.e. on 20.11.2006 pursuant to his representation dated 29.05.2023 along with 1/4

all attendant benefits including subsequent promotions as Assistant Engineer and Assistant Executive Engineer in accordance with law. For Petitioner : Mr.J.Selvarajan For Respondents : Mr.M.Bindran Additional Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to consider the representation made by the petitioner on 29.05.2023 wherein the petitioner is seeking for promotion as Assistant Engineer in the Public Works Department.

2. Heard Mr.J.Selvarajan, learned counsel for petitioner and Mr.M.Bindran, learned Additional Government Pleader appearing for respondents.

3. The case of the petitioner is that he is working as a overseer in the Public Works Department and his next avenue for promotion is to the post of Assistant Engineer. The further case of the petitioner is that he is fully eligible and qualified to hold the post of Assistant Engineer. However, disciplinary proceedings were initiated by issuing a charge 2/4

memo. The same was put to challenge before this Court in W.P.No.34249 of 2014 and this Court by order dated 21.12.2022, allowed the writ petition and quashed the charge memo. In view of the same, the petitioner has taken a specific stand that there is absolutely no impediment for the respondents to consider the promotion of the petitioner to the post of Assistant Engineer. The petitioner made representations in this regard repeatedly. There was absolutely no progress in considering the representation. It is under these circumstances, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to respondents 2 and 3 to deal with the representation dated 29.05.2023 on its own merits and in accordance with law and a decision shall be taken within a period of six (6) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to submit a fresh representation to respondents 2 and 3 along with a copy of this order. 3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

25.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Chief and Chief Engineer, Public Works Department, WRD, Chennai Region, Chepauk, Chennai - 600 005.

2.The Superintending Engineer, Public Works Department, WRD, Vellar Basin Circle, Cuddalore, Cuddalore District.

3.The Executive Engineer, Public Works Department, WRD, Vellar Basin Circle, Virudhachalam, Cuddalore District.

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