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Madras High CourtWP(MD)/7540/2020disposed of

Vasu v. The District Collector

2020-07-13Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD) No.7540 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.7540 of 2020 (Through Video conferencing) Vasu

...Petitioner

-Vs1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, R.S.Mangalam Panchayat Union, Ramanathapuram District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to grant promotion to the petitioner to the post of Junior Assistant and consequently direct the respondents to give salary arrears to the petitioner between the period from 01.03.2015 to 31.11.2015. For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.A.Thiyagarajan, G.A.

ORDER

The prayer in this writ petition is for a writ of Mandamus, directing the respondents to grant promotion to the petitioner to the post of Junior Assistant and consequently direct the respondents to give salary arrears to the petitioner between the period from 01.03.2015 to 31.11.2015.

2.Heard Mr.Niranjan S.Kumar, learned counsel appearing for the petitioner and Mr.A.Thiyagarajan, learned Government Advocate appearing for the respondents. With the consent of both sides, this writ petition is disposed of.

3.The grievance of the petitioner is that he was originally appointed on 01.04.1997 as Panchayat Assistant. Thereafter, even though he was removed from service, again, was reinstated on 05.01.2007. Thereafter, he was continuously working and the post of Village Assistant has subsequently been redesignated as Village Secretary, which is one of the feeder category for consideration for the promotion to the post of Junior Assistant at Panchayat Raj Department at the rate of 20%. Therefore, in this regard, according to the learned counsel appearing for the petitioner, the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7540 of 2020 reached the seniority for consideration of 20% quota for promotion to the post of Junior Assistant. Therefore, he has given representation on 19.06.2020 to the respondents and if the said representation is directed to be considered and decided on merits, within a time frame to be fixed by this Court, the petitioner would be satisfied.

4.Heard the learned Government Advocate, who would submit that the said representation of the petitioner would be considered by the respondents on merits and in accordance with law, within a period to be stipulated by this Court.

5.Considering the limited scope of the prayer sought for in this writ petition, at the admission stage, I am inclined to pass the following direction:

"The respondents, especially, the 1st respondent is hereby directed to consider the representation of the petitioner dated 19.06.2020 with regard to his claim for the promotion for the post of Junior Assistant on merits and in accordance with law and pass orders thereon, within a period of four months from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Arul 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 District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, R.S.Mangalam Panchayat Union, Ramanathapuram District.

W.P.(MD)No.7540 of 2020 13.07.2020 KK(16.07.2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2