Selvamuthukumar. K v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.14843 of 2024 and W.M.P.(MD)No.13005 of 2024 K.Selvamuthukumar ... Petitioner Vs.

1. The Commissioner, O/o.The Commissioner, Employment and Training Division, Guindy, Chennai-32.

2. The Additional Director, Employment and Training Division, Guindy, Chennai-32.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to conclude the appeal as filed by the writ petitioner on 03.06.2024 and thereupon to pass any appropriate order on the appeal forthwith.

1/4

For Petitioner : Mr.S.Palanivelayutham For R1 : Mr.J.Ashok Additional Government Pleader

O R D E R

The Writ Petition has been filed seeking orders directing the first respondent to dispose of the appeal filed by the writ petitioner within a time frame to be fixed by this Court.

2. Mr.J.Ashok, learned Additional Government Pleader takes notice for the first respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is evident from the records that the second respondent has passed an order dated 23.05.2024 imposing punishment of withholding increment for a year without cumulative effect. Challenging the same, the writ petitioner has preferred an appeal before the first respondent on 03.06.2024 and the same is now pending.

4. Since the order came to be passed only on 23.05.2024 and the appeal itself was filed on 03.06.2024, this Court is at loss to understand 2/4

the reason for filing the present writ petition on 03.07.2024. As already pointed out, punishment imposed is also not serious.

5. Since the appeal is pending for the past one month only, this Court is not inclined to issue any direction to the first respondent. The first respondent is directed to consider the appeal filed by the writ petitioner and dispose of the same as early as possible.

6. With the above observation, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 05.07.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The Commissioner, O/o.The Commissioner, Employment and Training Division, Guindy, Chennai-32.

2. The Additional Director, Employment and Training Division, Guindy, Chennai-32.

3/4

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.14843 of 2024 and W.M.P.(MD)No.13005 of 2024 Dated : 05.07.2024 4/4