Gangaram Singh.J v. Agricultural Production Commissioner/Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. (MD) No.6854 of 2021 J.Gangaram Singh ... Petitioner Vs.
1.The Agricultural Production Commissioner/ Secretary to Government, Fort St.George, Chennai - 9.
2.The Chief Engineer, Agricultural Engineering Department, 487, Anna Salai, Nandhanam, Chennai - 35.
3.The Assistant Executive Engineer, Agricultural Engineering Department, Tiruttani, Tiruvallur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose the appeal dated 12.01.2021 preferred by the petitioner in connection with Notional Promotion in the post of Assistant Executive Engineer with effect from 2004 in the light of seniority re-fixed by the G.O. (3D) No.126 dated 13.06.2014 within the time frame that may stipulated by this Court. For Petitioner : Mr.Rajan.V.P For Respondents : MrsV.P.M.Vaishnavi, Government Advocate.
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The case of the petitioner is that the petitioner was initially appointed as Air Compressor Driver in the year 1974. Thereafter, he was promoted to the post of Junior Engineer and sent to Agro Board on deputation. Since, there is no vacancy in the said 1/3
Board, the petitioner was reverted to the post of Air Compressor Driver. Aggrieved over the same, the petitioner filed an appeal before the Government. The Government issued G.O.(3D) No.126, dated 13.06.2014 dismissing the reversion order as illegal. Hence, the petitioner submitted a representation to the third respondent on 26.07.2018 for providing notional promotion. The same was rejected on the ground that the representation was not submitted in time. The petitioner prepared an appeal as against the same before the second respondent on 12.01.2021. Since the appeal is not disposed of till date, the present writ petition is filed seeking expeditious disposal of the said appeal.
3.The learned counsel for the petitioner submitted that this Court may direct the second respondent to dispose of the petitioner's appeal expeditiously.
4.The learned Government Advocate appearing for the respondents submitted that the petitioner's appeal will be disposed of within a period of four months from the date of receipt of a copy of this order.
5.Recording her submission, the second respondent is directed to dispose of the petitioner's appeal within a period of four months from the date of receipt of a copy of this order on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note :
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To:
1.The Agricultural Production Commissioner/ Secretary to Government, Fort St.George, Chennai - 9.
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2.The Chief Engineer, Agricultural Engineering Department, 487, Anna Salai, Nandhanam, Chennai - 35.
3.The Assistant Executive Engineer, Agricultural Engineering Department, Tiruttani, Tiruvallur District.
+1 CC to M/s.SPL GP ( SR-14108[F] dated 29/03/2021 ) 25.03.2021 (CO) HB(24.04.2021) 3P 5C 3/3