Balasubramaniam v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32399 of 2019 P.Balasubramaniam ... Petitioner Vs.

1. The Executive Officer Sankagiri Special Grade Town Panchayat Sankagiri Taluk, Salem District.

2. The Director of Panchayats Santhome M.R.C Nagar Chennai-600 028.

3. The Secretary Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George, Chennai-600 009.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to fill in the vacant post of Sanitary Supervisor by appointing the petitioner to the post that has fallen vacant in Sankagiri Panchayat, Sankagiri Taluk, Salem District as per rules and regulations laid down by the Department.

For Petitioner : Mr.K.G.Vasudevan For Respondents : Mrs.R.Janaki for R1 Additional Government Pleader Mr.R.S.Selvam for R2 & R3 Government Advocate

O R D E R

Writ Petition is filed for issuance of Writ of Mandamus, directing the first respondent to fill the vacant post of Sanitary Supervisor by appointing the petitioner to the post that has fallen vacant in Sankagiri Panchayat, Sankagiri Taluk, Salem District as per rules and regulations laid down by the Department.

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2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first respondent and Mr.R.S.Selvam, Government Advocate appearing for the second and third respondents.

3.The petitioner is working as Sanitary Worker in the first respondent office. Even after completion of 33 years of service, he was not given any promotion as per the G.O Ms.No.205 of Rural Development giving guidelines for promotion. Therefore, the petitioner sent a representation to the first respondent on 24.10.2019.

However, the petitioner's representation was not considered till date. Hence, the present writ petition is filed.

4.The learned counsel for the petitioner submitted that though the petitioner has completed 33 years of service, no promotion was given to the petitioner and hence, he prays to consider the petitioner's representation.

5.The learned Additional Government Pleader appearing for the first respondent would submit that the petitioner's prayer will be considered as per the seniority and educational qualification.

6. Considering the submissions made by both parties, this Court is inclined to direct the first respondent to consider the representation of petitioner dated 24.10.2019, if the petitioner satisfied the seniority and educational qualification and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 7.With the above direction, the writ petition stand disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar uma 2/3

To

1. The Executive Officer Sankagiri Special Grade Town Panchayat Sankagiri Taluk, Salem District.

2. The Director of Panchayats Santhome M.R.C Nagar Chennai-600 028.

3. The Secretary Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George, Chennai-600 009.

+1cc to Mr.K.G.Vasudevan, Advocate sr.99548 +1cc to Government Pleader SR.NO. 100434 W.P.No.32399 of 2019 rsi(co) nr 13/12/2019 3/3