Tmt. Krishnaveni, v. The Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI (Through Video Conferencing) Krishnaveni ... Petitioner Vs.

1.The Director, Rural Development and Panchayat Department Panagal Building, Saidapet, Chennai.

2.The District Collector, Madurai, Madurai District.

3.Ulaganathan Deputy Block Development Officer, Kottampatti Madurai.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to refix the seniority in the post of Junior Assistant and place the petitioner in serial No.between 86 and 87 and consequently promote the petitioner to the post of Deputy Block Development Officer from the date on which immediate junior is promoted.

For Petitioner : Mr.Saravanakumar for Ms.P.Kalayarasi Bharathi For Respondents :Mr.Muthugeethaiyan Special Government Pleader for R1 & R2 No appearance for R3

ORDER

The prayer sought for in this writ petition is for a writ of mandamus to direct the 1st respondent to refix the seniority in the post of Junior Assistant and place the petitioner in between S.Nos.86 and 87 and consequently promote her to the post of Deputy Block Development Officer from the date on which her immediate junior is promoted.

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2. The learned counsel for the petitioner would submit that the petitioner has made a request for refixing her seniority in the post of Assistant by taking into account the seniority in the post of Junior Assistant by placing the petitioner in between S.Nos. 86 and 87 and consequently promote her as Deputy Block Development Officer from the date, on which her immediate junior is promoted. The learned counsel would further submit that the petitioner has preferred an appeal to the first respondent Director. However, till filing of the writ petition, since no further orders has been passed, the petitioner is before this Court for the aforesaid relief.

3. The learned counsel would further submit that a direction may be issued to the first respondent to dispose of the appeal preferred by the petitioner within a reasonable time that may be fixed by this Court.

4. The learned Special Government Pleader has no serious objection. However, relying upon the counter affidavit filed by the first respondent, he would submit that the appeal filed by the petitioner is under consideration by the first respondent and would be disposed of within the time stipulated by this Court.

5. Considering the said submissions, if any appeal filed by the petitioner is pending with the first respondent, the first respondent is directed to consider the appeal and dispose of the same, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director, Rural Development and Panchayat Department Panagal Building, Saidapet, Chennai.

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2.The District Collector, Madurai, Madurai District.

3.Ulaganathan Deputy Block Development Officer, Kottampatti Madurai.

+1 CC to M/s.GP ( SR-263[F] dated 06/01/2021 ) 05.01.2021 RR MS/18.01.2021/3P.5C 3/3