N.Dharmarajan v. The Additional Cheif Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.32812 of 2018 N.Dharmarajan ....

Petitioner Vs 1.The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

2.The Deputy Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

3.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent herein to consider the representation of the petitioner dated 09.11.2018 for upgrading the post of Gem Specialist to Regional Appraising Officer in the Jewel Verification Wing of Tamil Nadu Hindu Religious and Charitable Endowments Department based upon the recommendation of the third respondent dated 29.06.2016.

For Petitioner :

Mr.T.Shanmugam For Respondent :

Mr.M.Maharaja Special Government Pleader (HR&CE)

O R D E R

This writ petition has been filed seeking for a direction to the first respondent to consider the representation of the petitioner dated 09.11.2018 for upgrading to the post of Gem Specialist as Regional Appraising Officer in the Jewel Verification Wing of the Tamil Nadu Hindu Religious Endowments Department and also fix the pay scale in terms of the

recommendation of the third respondent dated 29.06.2016 and 10.04.2017.

2. The petitioner jointed the HR & CE Department as Junior Technical Assistant in the Jewel Verification Wing on 22.06.1998, having possessed the requisite qualification as Gem Expert as required by the department. It is the claim of the petitioner that the post of Gem Specialists / Junior Technical Assistants of the Jewel Verification Wing is one of the main requirements in the HR & CE Department, which is administering the temples in the State of Tamil Nadu, which possess enormous jewels which are not only precious and also invaluable. The grievance of the petitioner is that though the third respondent had recommended for upgrading of the post of Gem Specialist as Regional Appraising Officer as early as on 29.06.2016 and the same being clarified on 10.04.2017 by the Department, the Government has not passed any orders based upon the said representations and thus, the only one avenue of promotion of the petitioner has not been considered.

3. Mr.M.Maharaja, learned Special Government Pleader takes notice on behalf of the respondents. Heard the learned counsel appearing on either side and perused the materials available on record.

4. In view of the limited relief sought for, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would be suffice to direct the respondents to consider the representation of the petitioner and pass orders on the same within a particular time frame.

5. In the above circumstances, this writ petition is disposed of directing the firstt respondent to consider the representation of the petitioner dated 09.11.2018 on the basis of the recommendation of the third respondent dated 29.06.2016, and pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

2.The Deputy Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

3.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

+1cc to Mr.R.Karthikeyan, Advocate sr.no.86128 +1cc to Special Government Pleader(HR & CE) SR.NO.87510 W.P.No.32812 of 2018 AD(CO) NR 22/01/2019