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Madras High CourtWP(MD)/4546/2025disposed of

N.Selvaraj v. The State Of Tamil Nadu

2025-02-21Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND N.Selvaraj ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Public Works Department, Fort St.George, Secretariat, Chennai 600 009.

2.The Principal Chief Engineer (Buildings) & Chief Engineer (Buildings), Chennai Region & Chief Engineer (General), Public Works Department, Kamarajar Salai, Chepauk, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 07.01.2024 and direct his promotion as Works Inspector Grade II with effect from 01.07.2000 and award him the consequential benefits as per G.O.Ms.No.12 PWD (C2), dated 20.01.2009. For Petitioner : Mr.V.Kannan For Respondents : Mr.D.Sachi Kumar Additional Government Pleader 1/5

O R D E R

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation, dated 07.01.2024 and his promotion as Works Inspector Grade II with effect from 01.07.2000 and award him the consequential benefits as per G.O.Ms.No.12 PWD (C2), dated 20.01.2009.

2. During the course of hearing, the learned counsel for the petitioner has placed a copy of the order, dated 22.11.2024 in W.P(MD)No.34234 of 2024 of this Court and submits that the said writ petition was filed in identical circumstances by some persons and if the order passed by this Court in the said case is passed in the present case, the purpose of filing the present writ petition will be served to the petitioner.

3. The learned Additional Government Pleader for the respondents, on instructions, would submit that earlier the petitioner submitted a representation for the same relief and the same was rejected by the respondents. Aggrieved by the same, the petitioner filed writ petition and the said writ petition was allowed. Against the same, the respondents filed writ appeal and the writ appeal is allowed. With the same request, the petitioner now submitted a representation on 07.01.2024.

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4. Considering the fact that the petitioner is confining his relief only to the extent of consideration of representation, dated 07.01.2024, in our considered opinion, it is appropriate and reasonable to consider the petitioner's request as considered by this Court in W.P(MD)No.34234 of 2024 in the case of identical issue.

5. Accordingly, the writ petition is disposed of with the following direction:

Considering the facts and circumstances of the case and the submission made by the learned Additional Government Pleader, this Court without expressing any opinion on the merits of the case directs the first respondent to consider the representation, dated 07.01.2024 submitted by the petitioner and pass orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order.

6. No costs.

21.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 3/5

To:

1.The Secretary, Public Works Department, Fort St.George, Secretariat, Chennai 600 009.

2.The Principal Chief Engineer (Buildings) & Chief Engineer (Buildings), Chennai Region & Chief Engineer (General), Public Works Department, Kamarajar Salai, Chepauk, Chennai.

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BATTU DEVANAND , J.

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