K.Ravichandran, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.1 K.Ravichandran

...Petitioner

Vs.

1) The Principal Secretary to Government of Tamil Nadu, Department of Social Welfare, Secretariat, Chennai 600 009

2) The Commissioner, Differently Abled Welfare Officer, Chennai.

3) The District Differently Abled Welfare Officer, Officer of the District Collectorate, Virudhunagar.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant promotion to the petitioner as Junior Rehabilitation Officer and also re-fix the pay scale to the petitioner by amending the service rule on the basis of the petitioner's representation dated 14.06.2017.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Saravanan, Government Advocate.

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the respondents to grant promotion to the petitioner as Junior Rehabilitation Officer and also re-fix the pay scale to the petitioner by amending the service rule on the basis of his representation dated 14.06.2017.

2. Heard Mr.P.Ganapathi Subramanian, learned counsel appearing

for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3. According to the learned counsel for the petitioner, the grievance of the petitioner is that even though he had been working at the respondent's office for the past 20 years, no promotion was given and his pay was also not refixed. In this regard, the petitioner had given a representation on 14.06.2017 requesting the authorities/respondents to consider his request for grant of promotion or for fixing of salary by sanctioning the grade pay. However, the said representation has not so far been considered.

4. Learned counsel for the petitioner would submit that if the said representation of the petitioner dated 14.06.2017 is directed to be considered and an order to that effect is passed within the time frame that may be fixed by this Court, on merits, the petitioner would be satisfied.

5. I have heard Mr.K.Saravanan, learned Government Advocate appearing for the respondents, who would submit that the said request of the petitioner dated 14.06.2017 will be considered on merits within the time frame that may be fixed by this Court.

6. Considering the said submissions made by both sides, this Writ Petition is disposed of with the following direction: "that the second respondent is directed to consider the request of the petitioner dated 14.06.2017 with regard to the grievance of the promotion / fixation of pay, on merits and in accordance with law, based on which, a reasoned order shall be passed within a period of six weeks from the date of receipt of a copy of this order and the same to be communicated to the petitioner. However, there shall be no order as to costs."

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-IV) To

1) The Principal Secretary to Government of Tamil Nadu, Department of Social Welfare, Secretariat, Chennai 600 009

2) The Commissioner, Differently Abled Welfare Officer, Chennai.

3) The District Differently Abled Welfare Officer, Officer of the District Collectorate, Virudhunagar.

+1 CC TO The Special Government Pleader SR.NO. 68635 Order made in W.P.(MD)No.12845 of 2018 18.06.2018 sts TR/RP/SAR-IV(03.10.2018)3P 5C