Madras High CourtWP(MD)/14962/2018disposed of

V.Kumar v. The Government Of Tamilnadu

2018-07-11Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14962 of 2018 V.Kumar : Petitioner Vs.

1.The Government of Tamil Nadu through its, Additional Chief Secretary, Secretariat, Chennai.

2.The Superintending Engineer (Highways), Tirunelveli Circle, Tirunelveli.

3.The Divisional Engineer (Highways), Ramanathapuram, Ramnad District.

4.The Assistant Divisional Engineer (Highways), Ramanathapuram, Ramnad District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 18.06.2018 and consequently direct the respondents to give promotion to the petitioner to the post of Road Inspector Grade - II. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.M.Murugan, Government Advovate

O R D E R

************ The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 18.06.2018 and consequently direct the

respondents to give promotion to the petitioner to the post of Road Inspector Grade - II.

2.Heard Mr.J.Anandkumar, learned Counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.The petitioner has been working as a Salai Paniyalar (Gang Man) as per the appointment dated 14.11.1997, at the office of the Assistant Divisional Engineer, Thiruvadanai. From then onwards, he has been working as such and his service was regularised by proceedings dated 20.04.1999, by the fourth respondent. From the post of Salai Paniyalar, as per the seniority, they would be promoted as Road Inspector Grade - II. In this regard, the petitioner claims that he is above in the seniority in Salai Paniyalargal and therefore, his name shall be considered for promotion to the post of Road Inspector Grade - II. 4.In this regard, he has given a request / representation dated 18.06.

2018 to the third respondent through proper channel and the learned Counsel for the petitioner would submit that, if the said representation is considered and an order to that effect is directed to be passed within a time frame, the petitioner would be satisfied. 5.I have heard the learned Government Advocate appearing for the respondents, who would submit that the said representation of the petitioner dated 18.06.2018, would be considered on merits and an order to that effect would be passed.

6.Considering the limited scope of the prayer sought for in this writ petition, this writ petition is disposed of with the following direction:

"the petitioner's representation dated 18.06.2018 shall be considered by the third respondent on merits and in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order." 7.The Writ Petition stands disposed of, with the above direction. However, there shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV)

To 1.The Additional Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.

2.The Superintending Engineer (Highways), Tirunelveli Circle, Tirunelveli.

3.The Divisional Engineer (Highways), Ramanathapuram, Ramnad District.

4.The Assistant Divisional Engineer (Highways), Ramanathapuram, Ramnad District.

+1 CC To MR.J.ANAND KUMAR, Advocate SR. NO. 72642 +1 CC TO The Special Government Pleader SR.NO. 72514 ORDER MADE IN W.P.(MD)No.14962 of 2018 11.07.2018 MR TR/RSK/SAR-IV(12.10.2018)3P 7C