R.Athinathan, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10872 of 2017 R.Athinathan

...Petitioner

Vs.

1.The Principal Secretary to Government Highways and Minor Ports Department, Secretariat, Chennai-600 009.

2.The Director General, Highways Department, Chepauk, Chennai - 600 005.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2, i.e., the Principal Secretary to Government, Highways and Minor Ports Department, Chennai, and the Director General, Highways Department, Chennai, to pass appropriate orders on the petitioner's appeal, dated 20.01.2015, regarding his retrospective regularization of service and consequential orders of fixing Selection Grade and Special Grade in the cadre of Assistant Engineer (Highways) within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Murugan, Government Advocate.

***

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2, i.e., the Principal Secretary to Government, Highways and Minor Ports Department, Chennai and the Director General, Highways Department, Chennai, to pass appropriate orders on the petitioner's appeal, dated 20.01.2015, regarding his retrospective regularization of service and consequential orders of fixing Selection Grade and Special Grade in the cadre of Assistant Engineer (Highways) within time stipulated by this Court.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. Mr.M.Murugan, learned Government Advocate takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. The learned Government Advocate, after getting instructions, had no objection for giving a direction to the first respondent to dispose of the appeal.

5. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on petitioner's appeal, dated 20.01.2015, that is pending before the first respondent, this Writ petition is disposed of with the direction to the first respondent, namely, The Principal Secretary to Government, Highways and Minor Ports Department, Chennai, to consider the petitioner's appeal, dated 20.01.2015, and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary to Government Highways and Minor Ports Department, Secretariat, Chennai-600 009.

2.The Director General, Highways Department, Chepauk, Chennai - 600 005.

+One cc to Mr.S.Visvalingam, Advocate, SR.No.60818 +One cc to The Special Government Pleader, SR.No.60983 pmu RL/5C/2P/KP/SAR1/3/7/2017 W.P.(MD).No.10872 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 19.06.2017