N.Vijayan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN N.Vijayan ... Petitioner in W.P.No.39360 of 2024 N.Rajesh ... Petitioner in W.P.No.39362 of 2024 J.Jayaprakash ... Petitioner in W.P.No.39364 of 2024 K.Rajasekar ... Petitioner in W.P.No.39365 of 2024 A.Saravanan ... Petitioner in W.P.No.39368 of 2024
Versus
1. The Government of Tamil Nadu rep. By its Chief Secretary, Fort St.George, Chennai - 600 009
2. The Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009
3. The Director, Rural Development and Panchayat Raj Department, Panagal Building, Chennai - 600 015
...Respondents in all the petitions
Prayer : Writ Petitions filed under Article 226 of Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the representation of the petitioners dated 16.12.2024 and to 1/5
consider the petitioners' name in the promotional list for the post of Assistant Executive Engineer 2024-2025 within the time frame to be fixed by this Court.
For Petitioners : Ms.M.E.Raniselvam for Mr.T.Muthukrishnan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader C O M M O N
O R D E R
Since the issue involved in all these cases are one and the same, they are taken up together and a common order is being passed.
2. The present Writ Petitions have been filed by the petitioners for issuance of Writ of Mandamus directing the respondents to consider the representation of the petitioners dated 16.12.2024 and to consider the petitioners' name in the promotional list for the post of Assistant Executive Engineer 2024-2025 within the time frame to be fixed by this Court.
3. The case of the petitioners is that the petitioners are working as Assistant Engineering in Rural Development and Panchayat Raj 2/5
departmental, Kallakurichi Block, Kallakurichi District and the petitioners have not promoted from the date of appointment to till date, which is more than 12 years. The 3rd respondent prepared a proposal list of promotion for the post of Assistant Executive Engineer for the year 2024-2025 dated 12.04.2024. The name of the petitioners and other eligible persons, who are all working as Assistant Engineer appointed in the year 2011 are not included in the proposed short-listed for post of Assistant Executive Engineer. Therefore, the petitioners sent a representation to the respondents on 16.12.2024 to consider the seniority and include the petitioners' name in the promotional list.
Since the junior engineer and senior draughting who are all appointed in the year 2016, which is after 5 years of appointment of petitioners, were all in the said proposed list, which is against law and service rules and that no action has been taken by the respondents till date in the above said representations, the petitioners have come up with this petition. 4.The learned counsel for the petitioners submitted that it would suffice if this Court issues a direction to the respondents to consider the petitioners' representation and pass orders.
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5. The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioners will be considered in accordance with law, thereby pleaded to grant time. 6.Considering the facts of the case and on the submission made by either side counsel, this Court, without expressing any opinion on the merits of the matter, hereby directs the respondents to consider the representation of the petitioners dated 16.12.2024 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.
7.With the above directions, this Writ Petitions stand disposed of. No order as to costs.
21.12.2024 Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd 4/5
V.BHAVANI SUBBAROYAN, J.
ssd To
1. The Government of Tamil Nadu rep. By its Chief Secretary, Fort St.George, Chennai - 600 009
2. The Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009
3. The Director, Rural Development and Panchayat Raj Department, Panagal Building, Chennai - 600 015 W.P.No.39360 of 2024 etc., batch 21.12.2024 5/5