N.Senthil v. The Joint Registrar /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.13032 of 2018 N.Senthil ... Petitioner Vs.

1. The Joint Registrar/Managing Director, Tiruchirappalli District Central Co-operative Bank Limited, Trichy.

2. The General Manager, Tiruchirappalli District Central Co-operative Bank Limited, Trichy.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise the seniority and restore petitioner's name in the seniority list of Assistant manager dated 17.08.2009 published by the 1st respondent in No.1153/09-10 A1 or any appropriate place and grant him all consequential service and monetary benefits on par with his immediate Juniors by considering his representation dated 21.05.2018.

For Petitioner : Mr.N.Mohan For Respondents : Mr.D.Shanmugaraja Sethupathi

O R D E R

The prayer sought for in this writ petition is for a writ of mandamus, directing the respondents to revise the seniority and restore his name in the seniority list of Assistant manager dated 17.08.2009 published by the 1st respondent in No.1153/09-10 A1 or any appropriate place and grant him all consequential service and monetary benefits on par with his immediate Juniors by considering his representation dated 21.05.2018.

2.Heard Mr.N.Mohan, learned counsel for the petitioner and Mr.D.Shanmugaraja Sethupathi, learned standing counsel appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the petitioner would

submit that, though some disciplinary proceedings were initiated against the petitioner, subsequently, it was dropped. However, the petitioner even though had been otherwise eligible to be included for the seniority list fit for promotion to the next higher category as early as in the year 2009, the petitioner's name has not so far been included. Therefore, in this regard, the petitioner had given a representation to the respondents on 21.05.2018. If the said representation is directed to be considered by the respondents, within a time frame on merits, the petitioner would be satisfied.

4.I have heard the learned standing counsel appearing for the respondents, who would submit that, the said representation of the petitioner would be considered on merits and in accordance with law, within a time frame, that may be fixed by this Court. 5.Considering the said submissions made by both sides, this Court is inclined to pass the following order: "The first respondent is directed to consider the petitioner's representation dated 21.05.2018, on merits and in accordance with law and pass orders thereon, within a period of of six weeks from the date of receipt of a copy of this order." 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Joint Registrar/Managing Director, Tiruchirappalli District Central Co-operative Bank Limited, Trichy.

2. The General Manager, Tiruchirappalli District Central Co-operative Bank Limited, Trichy.

+ 1 cc TO Mr.D.Shanmugaraja Sethupathi, Advocate in SR No.68860 + 1 cc TO Mr.N.Mohan , Advocate in SR No. 68925 Arul AE/SKN RSK/SAR1/06.07.2018/2P/5C W.P(MD)No.13032 of 2018 20.06.2018 https://hcservices.ecourts.gov.in/hcservices/