Madras High CourtWP(MD)/349/2021disposed of

Velusamy.M v. The Executive Officer

2021-01-11Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.349 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.349 of 2021 M.Velusamy ... Petitioner Vs.

The Executive Officer, Arulmighu Dhandayuthapani Swamy Temple, Palani, Dindigul District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent herein to publish revised seniority list, by considering the representation, dated 21.12.2020, within the time limit fixed by this Court.

For Petitioner : Mr.S.Manikandan For Respondent : Mr.V.R.Shanmuganathan Standing counsel

O R D E R

This writ petition has been filed for a direction to the respondent to publish the revised seniority list, by considering the petitioner's representation, dated 21.12.2020.

2. By consent of both parties, the writ petition is taken up for final disposal.

3. The case of the petitioner is that he joined in the service of respondent Temple in the year 2002, on consolidated pay and later his service was regularised in the post of Office Assistant with effect from 01.01.2009. Subsequently, he was promoted to the post of Record Clerk on 01.11.2012. Based on the audit report dated 07.02.2013, he was suspended from service and de-promoted from the post of Record Clerk to the post of Office Assistant. After lapse of two years, a fresh promotional panel to the post of Junior Assistant was prepared by the respondent dated 21.07.2017 and the petitioner was given promotion to the post of Junior Assistant. However, the petitioner was placed below six of his juniors. Hence, he made a representation to the respondent on 21.08.2017, requesting him to refix his seniority. But till date no order has been passed. However, the petitioner again made a detailed representation to the respondent dated 21.12.2020, to refix his seniority and the same was not considered so far. Therefore, the petitioner has filed the present writ petition.

4. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that it would https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.349 of 2021 suffice, if the representation made by the petitioner dated 21.12.2020, is directed to be considered by the respondent.

5. The learned Standing counsel appearing for the respondent has no serious objection for considering the petitioner's representation, dated 21.12.2020.

6. Taking note of the said submissions made, the respondent is directed to consider the representation made by the petitioner, dated 21.12.2020 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Executive Officer, Arulmighu Dhandayuthapani Swamy Temple, Palani, Dindigul District.

W.P.(MD)No.349 of 2021 11.01.2021 PU(CO) KB(01.02.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2