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Madras High CourtWP(MD)/5330/2019disposed of

S.Kumar, v. The Principal Secretary,

2019-03-07Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5330 of 2019 S.Kumar ... Petitioner vs.

1.The Principal Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner of Technical Education, Department of Technical Education, Government of Tamil Nadu, Sardar Patel Road, Guindy, Chennai - 600 025. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 20.09.2017 taking into account the petitioner's educational qualification and teaching experience and to promote him to the post of Head of Department of Civil Engineering in Government Polytechnic College, Aranthangi or at any of the Government Polytechnic Colleges in Trichirappalli District.

For Petitioner : Mr.J.Sanjay Vignesh For Respondents : Mr.V.Anand Government Advocate

O R D E R

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 20.09.2017 taking into account the petitioner's educational qualification and teaching experience and to promote him to the post of Head of Department of Civil Engineering in Government Polytechnic College, Aranthangi or at any of the Government Polytechnic Colleges in Trichirappalli District.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. By consent, the Writ Petition itself is taken up for final disposal at the stage of admission.

3.The petitioner is working as a Lecturer in Civil Engineering Department in the Government Polytechnic College at Aranthangi, Pudukottai District. He seeks promotion to the post of Head of the Department of the Civil Engineering Department in the said institution or at any Government Polytechnic College, under the control of the respondents. In this regard, the petitioner had already given a representation dated 20.09.2017 and the same is pending before the second respondent without passing any orders. 4.According to the learned counsel for the petitioner, the said post is presently vacant and the petitioner is also eligible for the said post. Further, he submitted that the first respondent is the competent authority to pass orders on the petitioner's representation.

5.Hence, the second respondent is directed to forward the papers to the first respondent, who, in turn, is directed to pass orders thereon, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed anything on the merits of the matter.

6.This writ petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner of Technical Education, Department of Technical Education, Government of Tamil Nadu,

Sardar Pattel Road, Guindy, Chennai - 600 025.

+1cc to Mr.J.SANJEY VIGNESH, Advocate, SR.No.52345 +1cc to M/s.Special Government Pleader,SR.No. 53108 W.P(MD) No.5330 of 2019 MJ KK/SAR-/26.03.2019/3P-5C 07.03.2019