K.Veeran v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)No.2791 of 2025 K.Veeran ... Petitioner Vs.

1.The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2.The Director General (Highways) 3.The Chief Engineer Highways - Construction and Maintenance Wing, 4.The Superintending Engineer (Highways) Near Thamarai Thotti, Alagarkoil Road, Madurai 625 002.

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5.The Divisional Engineer (Highways) Pandian Nagar, Trichy Main Road, Dindigul 624 001.

6.D.Sathya Divisional Engineer (Highways), Chennai Metropolitan Development Project-Division III, 76/2, Sardar Patel Road, Guindy, Chennai 600 025.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to promote the petitioner to the post of Divisional Engineer (Highways) on par with his immediate junior i.e.sixth respondent with effect from 05.05.2023 and grant all the service and monetary benefits within a time limit to be fixed by this Court. For Petitioner : Mr.T.Sakthi Kumaran For R1 to R5 : Mr.D.Sachi Kumar Additional Government Pleader

O R D E R

This writ petition has been filed seeking a writ of Mandamus directing the respondents 1 and 2 to promote the petitioner to the post of Divisional Engineer (Highways) on par with his immediate junior i.e.the sixth respondent with effect from 05.05.2023 and grant all the service and monetary benefits within a time limit fixed by this Court.

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2. During the course of hearing, the learned counsel for the petitioner would submit that the petitioner submitted a representation to the respondents 1 and 2 on 10.12.2024 with the same request and it is pending with the respondents 1 and 2. The learned counsel for the petitioner also submit that the petitioner is going to retire on 30.05.2025 on attaining the age of superannuation. In view of the limited time available to the petitioner for retirement and to get the relief sought in the representation submitted to the respondents 1 and 2, he requests to dispose of the writ petition with a direction to the second respondent to consider the representation, dated 10.12.2024 as per existing Rules within the stipulated time.

3. Considering the facts and circumstances of the case, in our considered view, it is appropriate and reasonable to dispose of this writ petition at the admission stage without going into the merits of the case with a direction to the second respondent to consider the representation of the petitioner, dated 10.12.2024 as per the applicable Rules and in accordance with law within a stipulate time to meet the ends of justice.

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4. Accordingly, the writ petition is disposed of with a direction to the second respondent to consider the representation of the petitioner, dated 10.12.2024 in accordance with the applicable Rules and pass appropriate orders within a period of 3 weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No costs. Consequently, the connected miscellaneous petition is closed.

12.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2.The Director General (Highways) 4/6

3.The Chief Engineer Highways - Construction and Maintenance Wing, 4.The Superintending Engineer (Highways) Near Thamarai Thotti, Alagarkoil Road, Madurai 625 002.

5.The Divisional Engineer (Highways) Pandian Nagar, Trichy Main Road, Dindigul 624 001.

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BATTU DEVANAND , J.

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