L.Thirumalai v. The Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.27676 of 2018 And W.M.P.No.32483 of 2018 L.Thirumalai

...Petitioner

Vs.

1.The Secretary to Government, Fort St.George, Chennai - 600 009.

2.The Director (ADW) Chepauk, Chennai - 600 005.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to appoint the petitioner as B.T.Assistant (Physics) on transfer of service with effect from 2016 by considering the representation dated 20.08.2018 as per G.O.Ms.No.50 Adi Dravida and Tribal Welfare (ADN7) Department, dated 18.05.2010 and grant him all consequential service and monetary benefits. For Petitioner : Ms.E.Ranganayaki For Respondents : Mr.P.Chinnadurai for R1 and R2 Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking direction to the second respondent to appoint him as B.T.Assistant (Physics) on transfer of service with effect from 2016 by considering his representation dated 20.08.2018 and for consequential benefits.

2.The case of the petitioner is that he was appointed as Junior Assistant on 28.10.2013 in the Adi Dravida Welfare Department and was promoted as Assistant during the year 2017.

It is his further case that as per G.O.Ms.No.50 Adi Dravida and Tribal Welfare (ADN7) Department, dated 18.05.2010, he is eligible to be appointed as B.T.Assistant on transfer of service with effect from 2016. Hence, he made representation to the respondents and since there was no response, has come forward to file this writ petition.

3.The learned counsel appearing for the petitioner submitted that due to the change in circumstances and the present position, during the pendancy of this writ petition, the petitioner made representation dated 23.02.2021 seeking to appoint him as P.G.Assistant along with due enclosures. Hence, this Court may issue appropriate direction to the respondents to consider the petitioner's representation dated 23.02.2021 and to pass orders.

4.The learned Additional Government Pleader appearing for the respondent raised no serious objection for the limited relief now sought for by the learned counsel appearing for the petitioner.

5.In view of the above, this Court directs the respondents to consider the petitioner's representation dated 23.02.2021 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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

1. The Secretary to Government, Fort St.George, Chennai - 600 009.

2. The Director (ADW) Chepauk, Chennai - 600 005.

+1cc to Ms.E.Ranganayaki, Advocate, S.R.No.12070 W.P.No.27676 of 2018 And W.M.P.No.32483 of 2018 GPL(CO) KKV/23/03/2021