Madras High CourtWP(MD)/882/2023disposed of

Chandra Sekar.D.S v. The Engineer-In-Chief

2023-01-12Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI D.S.Chandra Sekar ... Petitioner Vs.

The Engineer-in-Chief and Chief Engineer(General), Water Resources Department(WRD), Chepauk, Chennai - 600 005. ... Respondent Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to re-fix the seniority of the petitioner in the post of Assistant Draftsman by advancing the petitioner's promotion to the post of Assistant Draftsman on par with others by considering the petitioner's representation dated 22.11.2022 within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondent : Mr.S.P.Maharajan, Special Government Pleader 1/5

O R D E R

This writ petition has been filed for a direction to the respondent to re-fix the seniority of the petitioner in the post of Assistant Draftsman by advancing the petitioner's promotion to the post of Assistant Draftsman on par with others by considering the petitioner's representation dated 22.11.2022 within a stipulated period.

2. The case of the petitioner is that he was appointed as Masdoor in the year 2003 and his services were regularized in the year 2008. However, no promotion was given to the petitioner on par with his juniors. Hence, he filed a writ petition before this Court in W.P(MD)No.7799 of 2015 seeking for a Mandamus. Subsequently, in pursuant to the directions issued in favour of the petitioner, he was given promotion to the post of Assistant Draftsman only in the year 2018 instead of 2015. Hence, for re-fixation of seniority, the petitioner made a representation to the respondent on 22.11.2022. However, the said representation has not been considered so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent is directed to dispose of the representation of 2/5

the petitioner, dated 22.11.2022, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondent, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent to consider the petitioner's representation, dated 22.11.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

12.01.2023 PM NCC:Yes/No Index:Yes/No 3/5

To The Engineer-in-Chief and Chief Engineer(General), Water Resources Department(WRD), Chepauk, Chennai - 600 005.

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M.DHANDAPANI, J.

pm 12.01.2023 5/5