M.Pargunam v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR M.Pargunam .. Petitioner Vs.

1.The Secretary, Government of Tamil Nadu Department of Labour & Employment Training, Secretariat, St. George Fort, Chennai.

2.The Director, Department of Employment & Training, Thiru.Vi.Ka. Industrial Estate, Alandur Road, Guindy, Chennai - 600 032.

3.The Joint Director (Craftsman Training) Department of Employment & Training Department, Thiru.Vi.Ka. Industrial Estate, Alandur Road, Guindy, Chennai - 600 032.

4.The Principal, Government ITI (Women) K.Pudur, Madurai - 625 007.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to prepare a fresh Seniority list for the post of Assistant Technical Officer (ATO) for Government I.T.Is, Tamil Nadu based on the Hon'ble Division Bench Order dated 15.11.2019 (WP.Nos.998, 1147, 5735, 6649, 22852, 34311, 34312 of 2017, 7511, 8718 to 8720, 10021, 18725, 22136, 26442, 31156 of 2018 and W.A.No.2610 of 2019) and consider the petitioner's representation dated 14.02.2020. For Petitioner : Mr. S.Sivakumar For Respondents : Mr. M.Karuppasamy Government Advocate 1/3

O R D E R

The Prayer sought for in this Writ Petition is to issue a Writ of Mandamus directing the respondents to prepare a fresh Seniority list for the post of Assistant Technical Officer (ATO) for Government I.T.Is, Tamil Nadu based on the Hon'ble Division Bench Order dated 15.11.2019 (WP.Nos.998, 1147, 5735, 6649, 22852, 34311, 34312 of 2017, 7511, 8718 to 8720, 10021, 18725, 22136, 26442, 31156 of 2018 and W.A.No.2610 of 2019) and to consider the petitioner's representation dated 14.02.2020.

2. Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.M.Karuppasamy, learned Government Advocate appearing for the respondents.

3. With regard to promotion of the petitioner, he has given a representation dated 14.02.2020 to the respondents, where, he relied upon a Division Bench Judgment of this Court (Principal Seat at Chennai) dated 15.11.2019 made in W.P.Nos.998 of 2017 etc., batch and accordingly, his grievance with regard to promotion can be considered by the respondents and reasoned order on merits and in accordance with law may directed to be passed within a specified time frame that may be fixed by this Court.

4.Mr.M.Karuppasamy, learned Government Advocate appearing for the respondents, would submit that the said representation of the petitioner dated 14.02.2020 would be considered by the respondents on merits and in accordance with law and orders to that effect would be passed within a period that may be fixed by this Court.

5. Considering the limited scope of the prayer and the submission made by learned Government Advocate, this Court is inclined to dispose the Writ Petition with the following directions :

"that the respondents especially the 2nd respondent is hereby directed to consider the representation of the petitioner dated 14.02.2020, on merits and in accordance with law, with regard to the grievance of the petitioner for promotion and pass orders therein, within a period of two months from the date of receipt of a copy of this order."

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6. With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To

1. The Secretary, Government of Tamil Nadu Department of Labour & Employment Training, Secretariat, St. George Fort, Chennai.

2. The Director, Department of Employment & Training, Thiru.Vi.Ka. Industrial Estate, Alandur Road, Guindy, Chennai - 600 032.

3. The Joint Director (Craftsman Training) Department of Employment & Training Department, Thiru.Vi.Ka. Industrial Estate, Alandur Road, Guindy, Chennai - 600 032.

4. The Principal, Government ITI (Women) K.Pudur, Madurai - 625 007.

ORDER MADE IN 06.07.2020 CS (14.07.2020) 3P 5C 3/3