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Madras High CourtWP(MD)/16536/2017disposed of

M.Saravanamuthu, v. The Agricultural Production

2017-09-01Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16536 of 2017 M.Saravanamuthu ... Petitioner Vs.

1.The Agricultural Production Commissioner, and the Principal Secretary to Government, Agricultural (AA8) Department, St.George Fort, Chennai -9.

2.The Chief Engineer, Agricultural Engineering Department, No.487, Anna Salai, Nandanam, Chennai -35.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to promote the petitioner as Assistant Engineer in accordance with Rule 2 of the Special Rule for Tamil Nadu Agricultural Engineering Service vide G.O.Ms.No.582 Agriculture (A.A.III) Department dated 09.11.1995 with appropriate seniority based on the petitioners representation dated 06.07.2017 within the period that may be stipulated by this Court. For Petitioner : Mr.C.Arul Vadivel Alias Sekar For Respondents : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

*********** The learned Counsel appearing for the petitioner would submit that the petitioner is working as Assistant Agricultural Engineering Foreman, has come to this Court, has given a representation stating that he has got a grievance that Tvl. M.Chandrasekarn, A.Ashokan, A.Arulganesh and C.Chandrasekaran had acquired B.E. Mechanical Degree qualification 11.01.2008, 30.09.2008, 21.02.2009 and 23.09.2009 respectively, only after the acquisition of the same qualification by the petitioner on 19.08.2007, were given promotion. Therefore, he has given a representation / appeal to the second respondent on 06.07.2017, seeking promotion to the post of Assistant Engineer from the date of qualifying B.E. Degree as per Rule 2 of the Special Rule for Tamil Nadu Agricultural Engineering Service and the same of was not considered, as a result, the petitioner is loosing of benefits of promotion.

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2.By consent of both parties, this writ petition itself is taken up for final disposal.

3.Heard Mr.C.Arul Vadivel Alias Sekar, learned counsel appearing for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader, appearing for the respondents. 4.Considering the limited scope of the prayer sought for by the writ petitioner, this Court without going into the merits of the matter hereby directs the third respondent to consider the representation of the petitioner dated 06.07.2017, in the light of the Rule 2 of the Special Rule for Tamil Nadu Agricultural Engineering service, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To, 1.The Agricultural Production Commissioner, and the Principal Secretary to Government, Agricultural (AA8) Department, St.George Fort, Chennai -9.

2.The Chief Engineer, Agricultural Engineering Department, No.487, Anna Salai, Nandanam,Chennai -35.

+1cc to M/S.Mr.C.Arul Vadivel Alias Sekar, Advocate SR.No.75925 +1cc to Special Government Pleader, SR.No. 76159 dsk/mrn MAS/MR-KKR/SAR2:22.09.2017:2P-5C W.P.(MD)No.16536 of 2017 01.09.2017 https://hcservices.ecourts.gov.in/hcservices/