S.Mahendran v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.847 of 2025 S.Mahendran ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai District.

2. The Executive Officer/ Joint Commissioner, Arulmighu Meenakshi Sundareswarer Temple, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to promote the petitioner to category XI post of the Tamil Nadu Hindu Religious Institutions Employees Conditions of Service Rules 2020 from the post of sanitary worker by considering the petitioner's representation dated 12.05.2024, in the light of the order passed by this Court in W.P(MD) No. 23887 of 2024, dated 04.10.2024 and in W.P(MD) No.15555 of 2021, etc cases dated 09.08.2023.

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For Petitioner : Mr.J.Anandkumar For R1 : Mr.P.Supparaj Special Government Pleader For R2 : Mr.V.R.Shanmuganathan Standing Counsel

O R D E R

The present Writ Petition has been filed by a sanitary worker, working in the second respondent Temple seeking a Mandamus to consider his representation for being promoted as a Junior Assistant/Category level, in the light of the orders passed by this Court in W.P(MD) No.23887 of 2024, dated 04.10.2024 and in W.P(MD) Nos.15555 of 2021, batch cases dated 09.08.2023.

2. A perusal of the affidavit reveals that the petitioner was initially appointed as a Salesman in a Prasadam Stall and later he was appointed as a sanitary worker in the year 2019. According to the petitioner, he is qualified to be appointed as a Junior Assistant/Category level and given a representation to the second respondent herein on 12.05.2024 to consider his request for promoting him to the post of Junior Assistant/Category level. 2/5

Since the said representation has not been considered, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the second respondent.

4. Considering the above said facts, the second respondent herein is directed to consider the representation of the petitioner dated 12.05.2024 and if he is found eligible, forward the same to the first respondent for passing appropriate orders. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

09.01.2025 NCC : Yes/No 3/3 Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai District.

2. The Executive Officer/ Joint Commissioner, Arulmighu Meenakshi Sundareswarer Temple, Madurai District.

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R.VIJAYAKUMAR,J.

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