M.Palanikumar, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9918 of 2019 M.Palanikumar ... Petitioner vs.
1.The State of Tamil Nadu Represented by its Principal Secretary, Higher Education Department, Secretariat, Chennai.
2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
... 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 for promotion to the post of Junior Assistant by considering the representations dated 21.07.2018, 14.08.2018, 05.09.2018, 11.01.2019 and 04.02.2019. For Petitioner : Mr.V.Panneer Selvam For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader for R1 : Mr.K.Raghatheesh Kumar for M/s.Issac Chamber for R2
ORDER
The Writ Petition is filed seeking a direction to the respondents to consider the petitioner for promotion to the post of Junior Assistant by considering the representations dated 21.07.2018, 14.08.2018, 05.09.2018, 11.01.2019 and 04.02.2019.
2. Heard the learned Counsel appearing for the petitioner, the learned Special Government Pleader, who takes notice for the first respondent and the learned Counsel who takes notice for the second respondent. By consent, the Writ Petition is taken up for disposal at the stage of admission itself.
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3. The case of the petitioner is that he was appointed as Office Assistant by the second respondent University on 08.12.2004. The office Assistant will be given promotion to the post of Junior Assistant on completion of seven years of service. The grievance of the petitioner is that his juniors were promoted and working as Junior Assistant and hence, he is entitled to get promotion to the post of Junior Assistant. Hence, he made several representations to the respondents and finally on 04.02.2019. However, the same have not been considered so far. Therefore, the petitioner is before this Court by filing this writ petition.
4. The learned Special Government Pleader appearing for the first respondent submitted that the first respondent would dispose of the representation of the petitioner on merits and as per law, within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner 04.02.2019 seeking promotion to the post of Junior Assistant and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition stands disposed of, with the above direction. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ssl To 1.The Principal Secretary to Govt. of Tamil Nadu, Higher Education Department, Secretariat, Chennai 600 009.
2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
+1CC TO MR.V.PANNEER SELVAM, Advocate Sr. No. 62817 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 62921 W.P(MD)No.9918 of 2019 25.04.2019 NS(CO) TR (22.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/