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Madras High CourtWP(MD)/11568/2018disposed of

A.Elizabethrani, v. The Secretary To Governemnt

2018-05-30Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.05.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD).No.11568 of 2018 A.Elizabethrani ... Petitioner Vs.

1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.

2. The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3. The Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to implement the order of the second respondent in Na.Ka.No.2404/2018/Maa.Na.A2, dated 09.04.2018 in the light of G.O.Ms.No.35, Municipal Administration and Water Supply Department, dated 07.03.2008 and the consequential G.O.(Ms.)No.93, Municipal Administration and Water Supply Department, dated 08.06.2009 within a time frame as stipulated by this Court.

For Petitioner : Mr.C.Arul Vadivel Alias Sekar For R-1 and R-2 : Mr.N.Shanmuga Selvam Additional Government Pleader For R-3 : Mr.N.S.Karthikeyan

ORDER

Mr.N.Shanmuga Selvam, learned Additional Government Pleader takes notice for R1 and R2. Mr.N.S.Karthikeyan, learned counsel takes notice for R3.

2. By consent, the writ petition itself is taken up for final hearing.

3. The petitioner has come up with the present writ petition, to direct the third respondent to implement the order of the second respondent passed in Na.Ka.No.2404/2018/Maa.Na.A2, dated 09.04.2018, https://hcservices.ecourts.gov.in/hcservices/

in the light of G.O.(Ms.)No.35, Municipal Administration and Water Supply Department, dated 07.03.2008 and the consequential G.O.(Ms.) No.93, Municipal Administration and Water Supply Department, dated 08.06.2009.

4.The petitioner has given representations, dated 18.04.2018 and 03.05.2018 to the third respondent seeking to consider her case pursuant to the recommendation made by the second respondent, by his letter dated 09.04.2018 directing the third respondent to include the name of the petitioner in the seniority panel of Assistant from 07.03.2008, in the light of G.O.(Ms.)No.35, Municipal Administration and Water Supply Department, dated 07.03.2008. Since no action was taken, the petitioner has filed the present writ petition. 5.Considering the facts and circumstances of the case, without going into the merits of the case, the Writ Petition is disposed of, directing the third respondent to consider the petitioner's representations, dated 18.04.2018 and 03.05.

2018, on merits and in accordance with law and pass appropriate orders, after giving personal opportunity of hearing to the petitioner, in the light of the recommendation letter of the second respondent, dated 09.04.2018 and G.O.(Ms.)No.35, dated 07.03.2008, within a period of two weeks from the date of receipt of a copy of this order. No costs.

1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.

2. The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3. The Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli.

+ 1 CC TO Mr.C.ARUL VADIVEL @ SEKAR, ADVOCATE IN SR No. 66235 LS/RJ2 TE/JC/SAR-4 : 06/06/2018 : 2P/5C W.P.(MD).No.11568 of 2018 30.05.2018 (3/3) https://hcservices.ecourts.gov.in/hcservices/