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Madras High CourtWP(MD)/9876/2018disposed of

Ramalakshmi, v. The Director Of Social Welfare

2018-04-27Honourable Mr Justice T. S. Sivagnanam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P(MD)No.9876 of 2018 Ramalakshmi ... Petitioner Vs.

1.The Director of Social Welfare, Directorate of Social Welfare, Guidy, Chennai - 600 032.

2.The District Social Welfare Officer, Tirunelveli District, Tirunelveli.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to given retrospective promotion to the petitioner with effect from 28.11.2006 on par with her junior Tmt.Ambiga, as ordered to other similarly placed individuals in proceedings No.4411/Nir.3 (4)/2012 dated 23.05.2013 of the first respondent and as per Circular No.4411/Nir3(4)/2012 dated 30.10.2015 of the first respondent and sanction all service and monetary benefits as eligible as per Rules, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Mohana Sundaram For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

Heard Mr.M.Mohana Sundaram, learned counsel for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader for the respondents.

2. By consent on either side, the writ petition is taken up for final disposal.

3. The petitioner seeks for a retrospective notional promotion which according to the petitioner, she is entitled as per the proceedings dated 23.05.2013 and Circular of the first respondent dated 30.10.2015. It was pointed out by the learned counsel for the petitioner that in the earlier proceedings dated 23.05.2013, the petitioner's name finds place in Serial No.47. However, till date, https://hcservices.ecourts.gov.in/hcservices/

the monetary benefit, which will accrue to the petitioner by virtue of the said circular and based on the proceedings of the first respondent dated 23.05.2013 is not given. Hence, the petitioner submitted a representation to the first respondent on 10.04.2017 and since no orders have been passed for more than one year, the petitioner is before this Court by way of writ petition.

4. Considering the facts and circumstances of the case and nature of relief sought, the writ petition is disposed of directing the first respondent to consider the representation dated 10.04.2017 on merits and in accordance with law taking note of the proceedings dated 25.03.2013 and the Circular of the first respondent dated 30.10.2015 and pas orders on merits within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to forward the copy of the representation along with the copy of this order to the first respondent for effective compliance.

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

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Director of Social Welfare, Directorate of Social Welfare, Guidy, Chennai - 600 032.

2.The District Social Welfare Officer, Tirunelveli District, Tirunelveli.

+1cc to M/S.G.Thalaimutharasu, Advocate SR.No. 64344 +1cc to Special Government Pleader in SR.No. 64476 W.P(MD)No.9876 of 2018 27.04.2018 cm JM/SV MMS/SAR 4/09.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/