S.Nizamudeen v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 20.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.18161 of 2017 S.Nizamudeen ... Petitioner Vs

1. The Principal Secretary, Dept of Health and Family Welfare, Secretariat, Chennai-600 009.

2. The Additional Chief Secretary & Commissioner, Commissionerate of Indian Medicine and Homoeopathy, Chennai-600 106.

3. The Principal, Government Unani Medical College, Arumbakkam, Chennai-106.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider my representation dated 02.06.2017 sent to the second respondent and 03.06.2017 sent to the first respondent respectively to consider all my grievances. For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.K.Tippu Sulthan Government Advocate

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation in the year 2017 seeking for promotion to the post of Lecturer and since the said representation was not considered, the present writ petition has been filed.

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3. Today when the matter was called, the learned counsel for the petitioner submitted that pending the writ petition, the respondents have passed an order in G.O.Ms.No.(D).762 dated 01.09.2020 granting promotion to the petitioner to the post of Lecturer with effect from 2020. Though the learned counsel for the petitioner submits that the portion of the relief sought for in the representation has been considered, he would submit that the petitioner is entitled for promotion from the year 2017 onwards and further that the respondents have not released the salaries of the petitioner from the month of April 2021.

4. Since the substantial portion of the representation has been considered, no effective orders can be passed in the present writ petition, whereby the petitioner has sought for a direction to the respondents to dispose of his representation. However, if the petitioner is of the view that he is entitled for promotion from the year 2017 and also for the salaries payable to him from April 2021, liberty is hereby granted to the petitioner to make necessary representation, in accordance with law.

5. The present writ petition stands disposed of, accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sbn To

1. The Principal Secretary, Dept of Health and Family Welfare, Secretariat, Chennai-600 009.

2. The Additional Chief Secretary & Commissioner, Commissionerate of Indian Medicine and Homoeopathy, Chennai-600 106.

3. The Principal, Government Unani Medical College, Arumbakkam, Chennai-106.

+1cc to the Government Pleader, S.R.No.34959 W.P.No.18161 of 2017 GSM(CO) HS(24/08/2021) https://hcservices.ecourts.gov.in/hcservices/