M.Sanjeevamma v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.32713 & 32715 of 2019 M.Sanjeevamma .. Petitioner in WP/32713/2019 N.Lakshmamma .. Petitioner in WP/32715/2019 Vs.

The Commissioner Commissionerate of Social Welfare, No.1, Panagal Maligai Building 2nd Floor Jeenis Road, Saidapet, Chennai - 600 015.

.. Respondent in both WPs.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to consider the case of the petitioner for retrospective promotion in the cadre of Extension Officer with effect from 31.03.2006 notionally with all consequential benefits and further refix the retirement and pensionary benefits to the petitioner.

For Petitioner :

Mr.V.Suthakar (in both WPs) For Respondents :

Mr.A.N.Thambidurai (in both WPs) Special Government Pleader C O M M O N O R D E R The prayer sought for in these Writ Petition is to direct the respondent to consider the case of the petitioner for retrospective promotion in the cadre of Extension Officer with effect from 31.03.2006 notionally with all consequential benefits and further refix the retirement and pensionary benefits to the petitioner.

2. By consent of both the parties, these Writ Petitions

have been taken up for final hearing at the admission stage itself. Since the prayer in the above Writ Petitions are one and the same, they are clubbed together and a common order is passed.

3. The case of the petitioners is that they were retired from service in the year 2008 as Rural Welfare Officer in Social Welfare Department at Hosur Block and Kelamangalam Block respectively in Krishnagiri District. It is their case that on 31.03.20106, some of their juniors who got appointed as Rural Welfare Officer were promoted as Extension Officer overlooking the claim of the petitioner.

The petitioners gave representation and thereafter retired from their service and did not take any steps to get retrospective promotion on par with their juniors. On 15.11.2016, the respondent promoted 171 Supervisor Grade - 2 (equivalent to the cadre of Rural Welfare Officer) retrospectively whether they are working or retired on par with their juniors. The petitioners made representations to the respondent on 13.03.2017, seeking retrospective promotion. However, till date the said representations were not considered. Therefore, these Writ Petitions have been filed.

4. The learned counsel appearing for the petitioners would submit that it would be suffice to issue direction to the respondent to consider and dispose of the representations dated 13.03.2017 made by the petitioners, on merits and in accordance with law.

5. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioners, I am inclined to issue direction to the respondent to consider and dispose of the representations dated 13.03.2017 made by the petitioners within a period of twelve weeks from the date of receipt of a copy of this order on merits and in accordance with law.

6. With the above direction, the Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Kan

To The Commissioner Commissionerate of Social Welfare, No.1, Panagal Maligai Building 2nd Floor Jeenis Road, Saidapet, Chennai - 600 015.

+2cc to Mr.V.Suthakar, Advocate, S.R.No. 97308 +1cc to the Government Pleader, S.R.No. 97614 W.P.Nos.32713 & 32715 of 2019 PA(CO) GN(11/02/2020)