Sumathi .R v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA R.Sumathi ... Petitioner Vs.

The Director, Fire and Rescue Services Department, Chennai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to promote the petitioner to the post of Superintendent in any one of the two vacancies existing under the respondent by considering the petitioner's seniority and representation dated 21.09.2023 within the time stipulated by this Court. For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.J.Ashok, Additional Government Pleader

O R D E R

By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 1/4

2. Mr.J.Ashok, learned Additional Government Pleader takes notice for the respondent.

3. The petitioner has filed this Writ Petition seeking to promote the petitioner to the post of Superintendent under the respondent by considering the petitioner's seniority and representation submitted by her dated 21.09.2023.

4. The learned counsel appearing for the petitioner would submit that the respondent has not considered the promotion for a very long time despite the promotion panel for the relevant year fell six months back. There is no dispute with regard to the fact that the petitioner's name stands first in the list as on today for getting promotion to the post of Superintendent. However, he is unable to get promotion in view of the administrative delay caused in the interregnum. It is also denied that the promotion panel for the year 2023-2024 also fell due long back.

5. The learned Additional Government Pleader appearing for the respondent would submit that the panel is going to be prepared and only after preparation, the orders can be issued for promotion. But, however, taking into consideration the fact that the long delay in according promotion and the gap 2/4

between the earlier individual, who had already got promoted and the next batch of employees, who are yet to be promoted, is wide, the respondent shall consider and prepare promotion panel at the earliest and pass appropriate orders for promotion within a period of eight weeks from the date of receipt of a copy of this order.

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

10.04.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To The Director, Fire and Rescue Services Department, Chennai.

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R.N.MANJULA, J.

TSG 10.04.2024 4/4