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Madras High CourtWP/32136/2022disposed of

M.Gunasekaran v. The Government Of Tamil Nadu

2022-11-30Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M. Gunasekaran .. Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Health Secretary, Health Department, Fort St. George, Chennai - 9.

2.The Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.

3.The Director and Superintendent, Institute of Child Health & Government Hospital for Children, Egmore, Chennai - 8.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the 1st and 2nd respondents to forthwith upgrade the petitioner from the post of Junior Engineer (Steam Laundry) to that of Assistant Executive Engineer 1/6

(Equipment & Maintenance) by considering his representations dated 12.03.2019, 04.04.2022, 12.05.2022 and 11.11.2022 from the date on which his juniors were upgraded with all monetary benefits. For Petitioner : Mr.N. Kolandaivelu For Respondents : Mr.Stalin Abimanyu, Additional Government Pleader

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the first and second respondents to consider the petitioner's representations dated 12.03.2019, 04.04.2022, 12.05.2022 and 11.11.2022 from the date on which his juniors were upgraded from the post of Junior Engineer (Steam Laundry) to that of the Assistant Executive Engineer (Equipment & Maintenance) with all monetary benefits.

2. Heard Mr.N. Kolandaivelu, learned counsel for the petitioner. Mr.Stalin Abimanyu, learned Additional Government Pleader, accepts notice on behalf of the respondents. By consent of both the parties, this 2/6

Writ Petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that even though his juniors were upgraded to the post of Assistant Executive Engineer (Equipment & Maintenance), he has not been upgraded to the said post from the post of Junior Engineer (Steam Laundry). The petitioner has given several representations on 12.03.2019, 04.04.2022, 12.05.2022 and 11.11.2022 to the respondents for the said purpose. Since the representations have not been considered till date, he has filed this Writ Petition.

4. The petitioner has filed documents/Government Orders in support of his case along with this Writ Petition. It is for the respondents to consider the same on merits and in accordance with law.

5. No prejudice will be caused to the respondents if the petitioner's representation seeking for his upgradation to the post of Assistant Executive Engineer (Equipment & Maintenance), is considered on merits and in accordance with law, within a time frame to be fixed by this Court. 3/6

6. For the foregoing reasons, this Court directs the first and second respondents to pass final orders on merits and in accordance with law on the petitioner's representations dated 12.03.2019, 04.04.2022, 12.05.2022 and 11.11.2022, seeking for upgradation to the post of Assistant Executive Engineer (Equipment & Maintenance) from the post of Junior Engineer (Steam Laundry), within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition stands disposed of. No costs. 30.11.2022 Speaking/Non-speaking order Index: Yes/No Internet: Yes/No Sni 4/6

To 1.Principal Health Secretary, The Government of Tamil Nadu, Health Department, Fort St. George, Chennai - 9.

2.The Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.

3.The Director and Superintendent, Institute of Child Health & Government Hospital for Children, Egmore, Chennai - 8.

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ABDUL QUDDHOSE,J.

Sni 30.11.2022 6/6