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Madras High CourtWP/35261/2024disposed of

Lin Manson v. Joint Director

2024-11-21Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.35261 of 2024 Lin Manson .. Petitioner

Versus

Joint Director, Department of Stationary and Printing, 110, Anna Salai, Chennai- 02

...Respondent

Prayer: This petition is filed under article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the representation of the petitioner dated 22.10.2024 and correct the date of birth and date of appointment of the petitioner in the seniority list for the post of Assistant dated 23.09.2024, on the file of the respondent and place the petitioner in the correct seniority place before any final decision is made for promotion to the post of superintendent and pass orders.

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For Petitioner : Mr.M. Muruganantham For Respondent : Mr.Abishek Murthy Government Advocate

ORDER

By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition is filed seeking to issue a Writ of Mandamus directing the second respondent to consider the representation of the petitioner dated 22.10.2024 and correct the date of birth and date of appointment of the petitioner in the seniority list for the post of Assistant dated 23.09.2024, on the file of the respondent and place the petitioner in the correct seniority place before any final decision is made for promotion to the post of superintendent and pass orders.

3. The case of the petitioner is that he is working as Assistant in the respondent organisation. Whileso, the respondent has prepared a seniority list of Assistants on 20.07.2023, wherein, the petitioner was 2/5

listed in S.No.42. Thereafter, it is stated that the petitioner was placed in S.No.63 in the seniority list of Assistant dated 23.09.2024. The sum and substance of the case is due to the error crept in the records while registering the petitioner's date of birth as 05.05.1984 whereas, the correct one is 23.05.1989, likewise, in the date of appointment it was registered as 26.09.2013 instead as 08.04.2013. Due to the said error committed by the respondent the petitioner was placed in S.No.63 in the seniority list. Hence, the petitioner has given a representation to the respondent on 22.10.2024 and on 08.11.2024. However, the same was not considered till date. Hence, this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if a direction is given to the respondent to consider his representation dated 08.11.2024 and pass orders as early as possible.

5. The learned Government Advocate appearing for the respondents would submit that they will consider the case of the petitioner in accordance with law and pass orders.

6. Heard both sides and perused the materials available on record. 3/5

7. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court directs the respondents to consider the petitioner's representation dated 22.10.2024 and 08.11.2024 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

8. With the aforesaid direction, this writ petition is disposed of. No order as to costs.

22.11.2024 Speaking order : Yes/No Index : Yes/No smn To Joint Director, Department of Stationary and Printing, 110, Anna Salai, Chennai- 02 4/5

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.35261 of 2024 22.11.2024 5/5