A.Manimaran v. The Principal Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33858 of 2018 A.Manimaran ...

Petitioner Vs The Principal Chief Engineer Water Resources organisation and chief Engineer (General) Public Works Department Chepauk, Chennai-5 ....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent to consider petitioner's representation dated 24-102018 requesting for promotion to the post of Assistant Executive Engineer in the light of the fact that no case is pending with regard to the promotion of Junior Engineer as Assistant Executive Engineer under the 25 percent quota and pass appropriate orders thereon within a time limit to be fixed by this Court.

For Petitioners :

M/s.P.Rajendran For Respondents :

Mr.R.S.Selvam, Government Advocate

O R D E R

This writ petition has been filed seeking direction to the respondent to consider the representation of the petitioner dated 24.10.2018. Petitioner is working as Assistant Engineer, having joined the services on 14.07.1999. Petitioner has rendered 19 years of service and he is fit to be promoted as Assistant Executive Engineer. He is due to retire on 30.06.2019.

2. Learned counsel for the petitioner submits that his claim for promotion has not been considered by the respondents on the ground that the issue is pending before the High Court in W.P.No.3617 of 2017. Learned counsel points out that the said dispute is only with regard to 75% quota prescribed for the promotion and the petitioner is claiming promotion only as per the 25% quota prescribed under the Rules and therefore, the representation of the petitioner has to be considered in the https://hcservices.ecourts.gov.in/hcservices/

light of the fact that there is no case pending before this Court.

3. Mr.R.S.Selvam, learned Government Advocate takes notice on behalf of the respondents. Heard the learned counsel on both sides and perused the materials placed on record.

4. Considering the facts and circumstances, the respondent is directed to consider the representation of the petitioner dated 24.10.2018 as expeditiously as possible, in the light of the fact that the subject of promotion of the petitioner is not covered by pending lis and that the petitioner is due to retire on 30.06.2019, and to pass appropriate orders within four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kst To The Principal Chief Engineer Water Resources organisation and chief Engineer (General) Public Works Department Chepauk, Chennai-5 +1cc to Mr.P.Rajendran, Advocate, S.R.No. 572 +1cc to the Government Pleader, S.R.No. 1051 W.P.No.33858 of 2018 VG II(CO) GN(15/02/2019) https://hcservices.ecourts.gov.in/hcservices/