M.S.P. Parameswaran, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5353 of 2019 M.S.P.Parameswaran ... Petitioner vs.

1.The Secretary to Government, Rural Development & Panchayat Raj Dept., Secretariat, Chennai - 600 009.

2.The Director, Rural Development & Panchayat Raj Dept., Panagal Building, Saidapet, Chennai - 600 015.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Block Development Officer (BP), Sattur, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent i.e. the Secretary to Government Rural Development and Panchayat Raj Department, Chennai to pass appropriate orders on the petitioner's representation dated 30.10.2017 and on the proposals sent by the District Collector Virudhunagar within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Viswalingam For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the first respondent to pass appropriate orders on the petitioner's

representation dated 30.10.2017 based on the proposal sent by the District Collector, Virudhunagar/third respondent herein. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The learned counsel appearing for the petitioner submitted that the petitioner was appointed as a Junior Assistant on compassionate ground in the fourth respondent office. Seeking notional promotion in the cadre of Assistant on par with his junior by including his name in the approved list of Assistant of the year 2010, Virudhunagar District and inclusion of his name in the approved list of Deputy Block Development Officer of the year 2016, Virudhunagar District, the petitioner made a representation dated 30.10.2017. Further it is submitted that the third respondent had already sent proposals to the second respondent on 09.11.2018 in favour of the petitioner. However, no order has been passed on the representation of the petitioner. Hence, this writ petition has been filed seeking the above stated relief.

4.The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered on merits.

5.In such view of the matter, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation dated 30.10.2017 based on the proposal dated 09.11.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Rural Development & Panchayat Raj Dept., Secretariat,Chennai - 600 009.

2.The Director, Rural Development & Panchayat Raj Dept., Panagal Building, Saidapet, Chennai - 600 015.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Block Development Officer (BP), Sattur, Virudhunagar District.

+1CC TO Mr.S.Viswalingam, Advocate, SR No.52198 W.P(MD) No.5353 of 2019 07.03.2019 mj KK/04.04.2019/3P.6C