R.Chandran v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R. Chandran
...Petitioner
Vs
1. The Government of Tamil Nadu rep by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The Commissioner,
4. The Deputy Director of Local Fund Accounts,
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose off the appeal petition submitted by the petitioner dated 03.10.2022 under Rule 26 of the Tamil Nadu Municipal Corporation 1/5
General Rules, 1996 on merits and in accordance with law witihin a reasonable period as may be fixed by this Court and pass orders. For Petitioner : Mr.T. Ranganathan For Respondents 1 & 2 : Dr.T. Seenivasan,SGP For Respondent 3 : Mrs. Devi.N.
Standing counsel
ORDER
This Writ Petition has been filed directing the first respondent to dispose off the appeal petition filed by the petitioner dated 03.10.2022 within a stipulated time and pass orders.
2. Dr. T. Seenivsan, SGP for the first and second respondents and Mrs.N Devi,Standing Counsel takes notice for the third Respondent. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is an retired employee from the Salem City Municipal Corporation. It is pertinent to note that the third respondent issued charge memo in Na.Ka.No.J1/757/2024 on 30.05.2024 and thereafter permitted the 2/5
petitioner to retired from service vide letter dated 31.05.2024 in Na.Ka.No.J1/75/2024. The sum and substance of the case is that the petitioner made a request before the third respondent to promote him as sanitary officer and the same was rejected in Na.Ka.No.C2/8841/2022 on 26.08.2022 and the petitioner made an appeal before the first respondent on 03.10.2022 and the same is pending till date. Hence, this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first respondent to dispose of the appeal filed by the petitioner on 03.10.2022 and pass orders.
5. The learned Special Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.
6.Considering the facts and circumstances of the case, this Court without expressing any opinion on the merits of the case directs the first respondent to dispose the appeal filed by the petitioner on 03.10.2022 after conducting an enquiry by affording reasonable opportunity of 3/5
hearing to the petitioner as well as the concerned parties and pass orders within a period of sixteen weeks from the date of receipt of a copy of this Order.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
10.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Government of Tamil Nadu rep by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The Commissioner, 4/5
4. The Deputy Director of Local Fund Accounts, V.BHAVANI SUBBAROYAN,J.
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