Anandham M v. The Appellate Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.9414 of 2024 & W.M.P.(MD)No.8551 of 2024 M.Anandham ... Petitioner vs.

1.The Appellate Committee, Represented by its Chairman, Madurai Corporation, Madurai.

2.The Commissioner, Madurai Corporation, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's appeal dated 11.07.2022 and pass final orders within a stipulated time as may be fixed by this Court enabling the petitioner to include her name in the panel for promotion to the post of Account Officer / Administrative Officer in Madurai Corporation for the year 2023-2024.

For Petitioner :

Mr.M.Saravanakumar For Respondents :

Mr.K.K.Kannan, Standing Counsel 1/5

O R D E R

Heard Mr.M.Saravanakumar, learned counsel for the petitioner and Mr.K.K.Kannan, learned Standing Counsel for the respondents.

2. The petitioner has filed this petition seeking a Writ of Mandamus directing the first respondent to consider her appeal dated 11.07.2022 and pass final orders within a stipulated time as may be fixed by this Court enabling the inclusion of her name in the panel for promotion to the post of Account Officer / Administrative Officer in Madurai Corporation for the year 2023-2024.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. Mr.M.Saravanakumar, learned counsel for the petitioner has submitted that the petitioner has filed an appeal before the first respondent challenging the order of punishment issued by the second respondent by stopping her increment for two years with cumulative 2/5

effect. But, so far, the appeal has not been disposed.

5. Mr.K.K.Kannan, learned Standing Counsel appearing for the respondents submitted that the appropriate Appellate Authority is the Director of Municipal Administration, Chennai and not the first respondent herein.

6. Since the appeal dated 11.07.2022 filed by the petitioner is pending in the hands of the first respondent even without being forwarded to the appropriate Appellate Authority i.e., the Director of Municipal Administration, Chennai for nearly two years, the first respondent is directed to forward the same within a period of two days from the date of receipt of a copy of this order. The Director of Municipal Administration, Chennai is directed to dispose of the appeal of the petitioner dated 11.07.2022 within a period of six weeks form the date of receipt of the appeal from the first respondent.

3/5

7. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 17.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To The Director of Municipal Administration, Chennai 4/5

R.N.MANJULA, J.

mbi 17.04.2024 5/5