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Madras High CourtWP(MD)/8909/2018disposed of

S.Govindaraj, v. The Principal Secretary

2018-04-23Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.8909 of 2018 and W.M.P.(MD) No.8308 of 2018 S.Govindaraj ... Petitioner Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009.

2.The Additional Chief Secretary/ Commissioner of Indian Medicine and Homeopathy, Chennai - 600 106.

3.The District Siddha Medical Officer, Pudukottai District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to promote the petitioner notionally as District Siddha Medical Officer on the basis of his relative seniority on par with his juniors by considering his representation dated 23.01.2018.

For Petitioner : Mr.P.Balasubramanian For Respondents : Mrs.S.Srimathy, Spl.G.P.

O R D E R

The prayer sought for herein is for a writ of Mandamus, directing the 1st and 2nd respondents to promote the petitioner notionally as District Siddha Medical Officer on the basis of his relative seniority on par with his juniors by considering his representation dated 23.01.2018.

2.Heard Mr.P.Balasubramanian, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.

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3.The learned counsel appearing for the petitioner would submit that the petitioner though retired, he would be entitled to get further promotion and since the same was not given to the petitioner, the petitioner made a request to give such promotion notionally. With regard to this, the petitioner had given a representation on 23.01.2018 and he further submits that if the said representation is directed to be considered and an order to that effect is directed to be passed, the petitioner would be satisfied.

4.I have heard Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents, who would submit that the representation of the petitioner would be considered on merits and in accordance with law and an order to that effect to be passed, within a time frame.

5.Considering the said submissions made by both sides, this writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 23.01.2018 and pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With this direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009.

2.The Additional Chief Secretary/ Commissioner of Indian Medicine and Homeopathy,Chennai - 600 106.

3.The District Siddha Medical Officer, Pudukottai District.

+1CC TO Mr.P.Balasubramanian, Advocate, Sr No.62809 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.63106 W.P(MD)No.8909 of 2018 23.04.2018 Arul MS/PN/SAR.3/16.05.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/