Madras High CourtWP(MD)/17459/2017disposed of

T.Vijaya Ragavan, v. The Director Of Fisheries,

2017-09-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD).No.17459 of 2017 T.Vijaya Ragavan ... Petitioner Vs.

1.The Director of Fisheries, O/o. the Directorate of Fisheries Department, DMS Campus, Thenapet, Chennai.

2.The Assistant Director, O/o. the Assistant Director of Fisheries Department, Thoothukudi, Thoothukudi District.

....Respondents PRAYER: Writ petition is filed, Under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to consider the petitioner's representations dated 16.12.2014 & 07.08.2017 to place the petitioner's name in the appropriate place in the seniority list of Inspector of Fisheries/Research Assistant in the light of proposal forwarded by the 2nd respondent in his proceedings in Na.Ka.No.4118/A1/2014 dated 17.12.2014 and pass appropriate orders within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar For Respondents : Mr.D.Muruganandam, Additional Government Pleader.

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, directing the first respondent to place the petitioner's name in the appropriate place in the seniority list of Inspector of Fisheries/Research Assistant, by considering his representations dated 16.12.2014 & 07.08.2017.

2. By consent, this writ petition is taken up for disposal at the admission stage itself. Mr.D.Muruganantham, learned Additional Government Pleader takes notice for the respondents.

3. According to the petitioner, he was selected and appointed as Inspector of Fisheries on 13.03.2009. Subsequently, in the year 2012, the first respondent issued inter-seniority list among Inspectors of Fisheries/Research Assistants, wherein, the https://hcservices.ecourts.gov.in/hcservices/

petitioner's name was placed next to his juniors. As the same would affect his promotional aspects, he submitted a representation before the respondents on 16.12.2014. Though the second respondent has forwarded the representation of the petitioner to the first respondent on 17.12.2014, no action has been taken thereon, which constrained the petitioner to file another representation dated 07.08.2017. As the same is also kept pending, without any action, the petitioner is before this Court.

4. Considering the facts and circumstances of the case, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner dated 07.08.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of four 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 /True Copy/ Sub Assistant Registrar To 1.The Director of Fisheries, O/o. the Directorate of Fisheries Department, DMS Campus, Thenapet, Chennai.

2.The Assistant Director, O/o. the Assistant Director of Fisheries Department, Thoothukudi, Thoothukudi District.

+1cc to Special Government Pleader, SR.No. 79079 +1cc to M/S.Ajmal Associates, Advocate SR.No. 79133 W.P.(MD).No.17459 of 2017 15.09.2017 gk JM/MR KKR/SAR 2/27.09.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/