N.Anbalagan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N. Anbalagan ... Petitioner Vs
1. The Secretary to Government, Micro Small & Medium Enterprises Department Government of Tamilnadu Fort St. George, Chennai - 600 009.
2. The Secretary to Government Personnel & Administrative Reforms Dept, Government of Tamilnadu Fort St. George, Chennai - 600 009.
3. The Principal Secretary Industries Commissioner and Director of Industries & Commerce SIDCO Corporate Building Guindy, Chennai - 600 032.
4. The Secretary The Tamil Nadu Public Service Commission Parrys, Chennai - 600 001.
... Respondents
Prayer : Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to pass appropriate orders within a limited time frame as deemed fit on the representations dated 13.11.2019 with regard to refixation of his pay in the light of G.O.Ms. 96, Micro Small and Medium Enterprises (Esst. 11(1) Department dated 17.09.2013 and revision of seniority in the post of Survey Inspector, as per Government Letter No. 1627/E.ii(i)/2018 -2018, Micro, Small and Medium Enterprises (E. ii(i) Department dated 12.09.2019, and on that basis to consider his name for empanelment for promotion as Assistant Director.
For Petitioner : Mr. R. Thanjan For Respondents : Mr. S. Rajesh Government Advocate
ORDER
The relief sought for in the present writ petition is to direct the third respondent to pass appropriate orders within a limited time frame as deemed fit on the representation dated 13.11.2019 with regard to refixation of his pay in the light of G.O.Ms. 96, Micro Small and Medium Enterprises (Esst. 11(1) Department dated 17.09.2013 and revision of seniority in the post of Survey Inspector, as per Government Letter No. 1627/E.ii(i)/2018 -2018, Micro, Small and Medium Enterprises (E. ii(i) Department dated 12.09.2019, and on that basis to consider his name for empanelment for promotion as Assistant Director.
2. With reference to the relief sought for in the present writ petition, the respondents have filed a counter affidavit stating that the petitioner's request for retrospective inclusion in the panel for the year 2009-10 for the post of Survey and Statistical Inspector was being examined by the third respondent and before issue of orders the petitioner has rushed to this Court. As the seniority of the petitioner in the post of Survey and Statistical Inspector has since been revised, the petitioner will be included in the Assistant Director (Survey and Statistics) panel on par with his junior as per the revised seniority and action is being taken by the third respondent. Therefore, there is no need to reserve one post of Assistant Director (Survey and Statistics).
3. In view of the fact that the grievances of the writ petitioner was addressed and redressed during the pendency of the writ petition, no further adjudication needs to be undertaken in respect of the grounds raised in the writ petition and accordingly the writ petition stands disposed of. No costs. 18.11.2022 mrn Index : Yes / No Speaking order / Non-Speaking order
To
1. The Secretary to Government, Micro Small & Medium Enterprises Department Government of Tamilnadu Fort St. George, Chennai - 600 009.
2. The Secretary to Government Personnel & Administrative Reforms Dept, Government of Tamilnadu Fort St. George, Chennai - 600 009.
3. The Principal Secretary Industries Commissioner and Director of Industries & Commerce SIDCO Corporate Building Guindy, Chennai - 600 032.
4. The Secretary The Tamil Nadu Public Service Commission Parrys, Chennai - 600 001.
S.M.SUBRAMANIAM, J.
mrn 18.11.2022