S.Appadurai v. Thestate Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD).Nos.7679 and 7680 of 2015 and M.P.(MD) Nos.1 and 1 of 2015 W.P.(MD).No.7679 of 2015 S.Appadurai, Union Overseer, Kuruvikulam Panchayat Union, Tirunelveli District.

:Petitioner vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Fort St. George, Chennai - 600 009.

Panagal Building, Saidapet, Chennai - 600 015.

Tirunelveli District, Tirunelveli.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the first respondent to consider petitioner's representation dated 20.03.2015 to include petitioner name in the promotional list for the post of Assistant Engineer in Proc. No.24333/12/EE2-3, dated 23.09.2014 based on the seniority list prepared by the second respondent in his Proceedings in Rc.No.33624/12/EE3-2, dated 26.02.2014 and thereby promote petitioner accordingly along with petitioner's batch mates for the year 2012-13 with all service and attendant benefits within the time limit that may be stipulated by this Hon'ble Court and pass such other further orders as deem fit and necessary in the circumstances of the case and thus render justice.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.R.Velmurugan Government Advocate W.P.(MD).No.7680 of 2015 G.Loganathan, Overseer, Thirukalukundram Panchayat Union, Thirukalukundram, Kanchipuram District - 603 001.

:Petitioner

vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Fort St. George, Chennai - 600 009.

Saidapet, Chennai - 600 015.

Kanchipuram District, Kanchipuram.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the first respondent to consider petitioner's representation dated 20.03.2015 to include petitioner name in the promotional list for the post of Assistant Engineer in Proc. No.24333/12/EE2-3, dated 23.09.2014 based on the seniority list prepared by the second respondent in his Proceedings in Rc.No.33624/12/EE3-2, dated 26.02.2014 and thereby promote petitioner accordingly along with his batch mates for the year 2012-13 with all service and attendant benefits within the time limit that may be stipulated by this Hon'ble Court and pass such other further orders as deem fit and necessary in the circumstances of the case and thus render justice.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.R.Velmurugan Government Advocate COMMON ORDER In view of the fact that the issue involved in the writ petitions is one and the same, both the writ petitions are taken up together and disposed of by this common order.

2.The prayer in the Writ Petitions is for a Writ of Mandamus to direct the first respondent to consider petitioners representation dated 20.03.2015 to include their name in the promotional list for the post of Assistant Engineer in Proc. No.24333/12/EE2-3, dated 23.09.2014 based on the seniority list prepared by the second respondent in his Proceedings in Rc.No.33624/12/EE3-2, dated 26.02.2014 and thereby promote them accordingly along with their batch mates for the year 2012-13 with all service and attendant benefits.

3.Mr.R.Velmurugan, learned Government Advocate takes notice for the respondents and by consent of both parties, the writ petition itself is taken up for final disposal.

4.The learned counsel appearing on behalf of the petitioners submitted that it would be suffice, if the representations of the petitioners are disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

5.In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the first respondent is

directed to consider the representations of the petitioners dated 20.03.2015, and pass appropriate orders in accordance with law, within a period of four months from the date of receipt of a copy of this order, after affording the petitioners an opportunity of being heard. If on a specified date the petitioners do not appear for personal hearing, orders may be passed based on the available records after recording the absence of the Party/Parties.

6.With the above direction, the Writ Petitions stand disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub- Assistant Registrar To 1.The Secretary to Government, Fort St. George, Chennai - 600 009.

Panagal Building, Saidapet, Chennai - 600 015.

Tirunelveli District, Tirunelveli.

4.The District Collector, Kanchipuram District, Kanchipuram.

+2cc to Mr.G.Thalaimutharasu, Advocate in SR.No. 24536/15 +1cc to Special Government Pleader in SR.No. 24910/15 srm Sm:28.05.2015:3P/8C W.P.(MD).Nos.7679 and 7680 of 2015 and M.P.(MD) Nos.1 and 1 of 2015 30.04.2015