J.Karthikeyan v. The Principal Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.12.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY J.Karthikeyan
...Petitioner
Vs 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.
2.The Additional Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005.
3.The District Collector, Virudhunagar District, Virudhunagar.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent ie., the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai to forward the proposals sent by the District Collector Virudhunagar in his letter Na.Ka.no.A2/3570/2018 dated 19.7.2019 to the Government ie., the 1st respondent ie., the Principal Secretary to Government Revenue Department, Chennai, within a specified time frame to be fixed by this Court.
For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Jeyakumar Additional Government Pleader
ORDER
This Writ Petition is filed to direct the 2nd respondent to forward the proposal sent by the 3rd respondent, dated 19.7.2019 to the 1st respondent.
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2.It is the grievance of the petitioner that his name has not been included in the approved panel list of Assistants for the year 2016, for which, the 3rd respondent has sent a proposal, on 19.07.2019, to the 2nd respondent, recommending for inclusion of the petitioner's name in the approved panel list of Assistant for the year 2016, by granting exemption from Rule 30 (b) of the Tamilnadu Ministerial Service Rules. However, the 2nd respondent, after the receipt of such proposal, has not taken any steps to forward the same to the 1st respondent and the same is still pending before the 2nd respondent. Hence, the present writ petition.
3.Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondents would submit that the proposal, which was received by the 2nd respondent from the 3rd respondent with regard to the grievance of the petitioner, shall be forwarded to the 1st respondent, within a period of six weeks. 4.Recording the submission made by the learned Additional Government Pleader, this Court is inclined to pass the following directions:- i) the 2nd respondent is directed to forward the proposal which was received by him from the 3rd respondent with regard to the grievance of the petitioner to the 1st respondent, within a period of six weeks from the date of receipt of a copy of this order; and ii) on receipt of such proposal, the 1st respondent is directed to consider the same for inclusion of the petitioner's name in the approved panel list of Assistant for the year 2016, on merits and in accordance with law, within a period of eight weeks therefrom; 5.With the above directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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.
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To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.
2.The Additional Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005.
3.The District Collector, Virudhunagar District, Virudhunagar.
11.12.2020 KM (05.01.2021) 3P 4C 3/3