S.Vijayasamundeeswari v. Director Of Adi Dravidar Welfare
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31734 of 2019 & W.M.P.No.31937 of 2019 S.Vijayasamundeeswari ... Petitioner Vs.
1. Director of Adi Dravidar Welfare, Chennai-600 005.
2. District Adi Dravidar &Tribal Welfare Officer, Villupuram, Villupuram District.
3. Head Master, Government Adi Dravidar Welfare Higher Secondary School, Kondamur, Vanur Block, Villupuram.
4. R.Leema Poulin
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the representations made by the petitioner dated 8.8.2013 and 8.10.2016.
For Petitioner : Mr.P.Ganesan For Respondents : Mr.R.S.Selvam, 1 to 3 Government Advocate
O R D E R
1.This writ petition has been filed by the petitioner, praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representations made by the petitioner dated 8.8.2013 and 8.10.2016.
2.According to the petitioner, herself and the 4th respondent are working as B.T. Assistants and and their seniority is at Sl.Nos.134 and 137 in the seniority list prepared till 2012. In 2013, surprisingly, the 4th respondent was placed above to the petitioner as Sl.No.122 while the petitioner was placed at 1/3
Sl.No.131. Hence, the petitioner made a representation on 8.8.2013 to the 2nd respondent. However, there was no response, which prompted the petitioner to make another representation on 08.10.2016 since he was again placed below the 4th respondent. Since no action is forthcoming, the petitioner has come forward with the present writ petition.
3. Since the matter pertains to the Mandamus to direct the respondents to consider the representation of the petitioner regarding seniority and no adverse order being passed against the 4th respondent, notice to the 4th respondent is dispensed with and the the Writ Petition is being disposed of considering the limited prayer sought for by the petitioner in the writ petition.
4.The learned counsel appearing for the petitioner would submit that all along the petitioner has been shown as senior to the 4th respondent in the cadre of B.T.Assistant till 2012, later, all of sudden, surprisingly, the petitioner was shown as junior to the 4th respondent and though the petitioner made representation seeking to set right the seniority of the petitioner, no orders have been passed by the 2nd respondent and hence, he would implore this Court that it would suffice to direct the respondents to consider the representation of the petitioner and dispose of the same in accordance with law. 5.The learned Special Government Pleader appearing for the respondents conceded to the request as submitted by the learned counsel appearing for the petitioner. He would submit that if this Court directs the respondents to consider the dispose of the representation made by the petitioner, the same would be complied with and the representation would be disposed of in accordance with law.
6.Considering the facts and circumstance of the case and the submissions made by the learned counsel for the petitioner and since the representation made by the petitioner has been pending, this Court directs the respondents to dispose of the Writ Petitioner's representation dated 8.10.2016 in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected WMP is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3
To
1. The Director of Adi Dravidar Welfare, Chennai-600 005.
2. The District Adi Dravidar &Tribal Welfare Officer, Villupuram, Villupuram District.
3. The Head Master, Government Adi Dravidar Welfare Higher Secondary School, Kondamur, Vanur Block, Villupuram.
+1 cc to M/s.C.S.Associates Sr.No. 93996 +1 cc to The Government Advocate Sr.No. 94123 AKM/16.12.19/3P-6C/ W.P.No.31734 of 2019 3/3