M.Murugesan v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA M.Murugesan ... Petitioner vs.

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, Raja Annamalaipuram, M.R.C. Nagar, Santhome Highways, Chennai - 600 028.

3.The Commissioner, Madurai Corporation, Madurai - 625 002. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent i.e. the Principal Secretary to Government, Municipal Administration and Water Supply Department, Chennai to pass appropriate orders on the further report sent by the Commissioner of Madurai Corporation, Madurai regarding confirmation of the petitioner's promotion along with 15 others 1/6

as per Letter No. A1MaNi/016466/2013, dated 20.08.2022, within a stipulated time.

For Petitioner :

Mr.S.Visvalingam For Respondents :

Mr.M.Ramesh, Government Advocate for R1 and R2 Mr.K.Sivabalan, Standing Counsel for R3

O R D E R

Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner, Mr.M.Ramesh, learned Government Advocate appearing for the respondents 1 and 2 and Mr.K.Sivabalan, learned Standing Counsel appearing for the third respondent.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the first respondent to pass appropriate orders on the report sent by the Commissioner of Madurai Corporation, Madurai regarding the confirmation of his promotion along with 15 others, as per Letter No. A1MaNi/016466/2013, dated 20.08.2022. 2/6

3. The petitioner who had retired on 30.06.2017 as Accounts Officer, was issued with recovery notice subsequent to his retirement stating that the post of Accounts Officer is not available in the Madurai Corporation and hence, his salary from the date of his promotion to the post of Accounts Officer is re-fixed in the cadre of Assistant Revenue Officer and recovery has been initiated. However, the third respondent has sent a proposal to the second respondent for ratification of petitioner's promotion and the second respondent, in turn, has forwarded the same to the first respondent for approval. Since the same is kept pending, the petitioner has come up with the writ petition.

4. Mr.M.Ramesh, learned Government Advocate appearing for the respondents 1 and 2 submitted that the first respondent has not received such proposal from the second respondent as alleged by the petitioner.

5. However, Mr.K.Sivabalan, learned Standing Counsel appearing for the third respondent would submit that they have already 3/6

sent the proposal to the second respondent.

6. In view of the above submissions, the writ petition is disposed of and the third respondent is directed to re-send the proposal to the first respondent through the second respondent within a period of two weeks from the date of receipt of a copy of this order and the first respondent, on receipt of the proposal, is directed to pass orders on the same as expeditiously as possible. No costs. 11.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6

To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, Raja Annamalaipuram, M.R.C. Nagar, Santhome Highways, Chennai - 600 028.

3.The Commissioner, Madurai Corporation, Madurai - 625 002.

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R.N.MANJULA, J.

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