Madras High CourtWP(MD)/9473/2019disposed of

A.Anbalagan, v. The Principal Secretary,

2019-04-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9473 of 2019 A.Anbalagan ... Petitioner Vs.

1.The Principal Secretary, State of Tamil Nadu, Rural Development and Panchayat Department, Fort St. George, Chennai.

2.The District Collector, Tuticorin District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 29.01.2019 and to include his name in the list of seniority as per the clarification given in G.O.Ms.No.349, Personnel and Administration Reforms Department, dated 12/04/1984 and consequently direct the respondents to provide all the monetary benefits attached with him service.

For Petitioner :

Mr.C.M.Arumugam For Respondents :

Mrs.J.Padmavathy Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 29.01.2019 and to include his name in the list of seniority as per the clarification given in G.O.Ms.No.349, Personnel and Administration Reforms Department, dated 12.04.1984 and consequently direct the respondents to provide him all the monetary benefits.

2.Heard Mr.C.M.Arumugam, learned counsel appearing for the petitioner and Mrs.J.Padmavathy Devi, learned Special Government Pleader, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

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3.The grievance of the petitioner is that as per G.O.Ms.No.349, Personnel and Administration Reforms Department, dated 12.04.1984, his junior got promotion and he is also entitled to get promotion as per the above said G.O. Hence, the petitioner sent a representation to the respondents on 29.01.2019 to include his name in the list of seniority. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 4.The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered by the respondents on merits. 5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 29.01.

2019 seeking to include his name in the list of seniority, as per G.O.Ms.No.349, Personnel and Administration Reforms Department, dated 12.04.1984 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Principal Secretary, State of Tamil Nadu, Rural Development and Panchayat Department, Fort St. George, Chennai.

2.The District Collector, Tuticorin District.

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-61704[F] dated 23/04/2019 ) W.P(MD)No.9473 of 2019 22.04.2019 CS: 16/05/2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/