Dr.S.Lakshminarayanan, v. Principal Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3558 of 2017 Dr.S.Lakshminarayanan, Son of Srinivasan, Designated Officer Food Safety Department, Office of the Deputy Director of Health Services, Viswanathapuram, Madurai.

... Petitioner Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St.George,Chennai - 9.

2.The Director of Public Health and Preventive Medicine, DMS Campus, Anna Salai, Teynampet, Chennai - 18.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the first respondent to consdier and pass orders on the representation of the Petitioner dated 8.11.2016 with regard to the grant of due promotions and increments on par with the immediate junior of the Petitioner within the time limit fixed by this Court. For Petitioner :

M/s.P.Srinivas For Respondents :

Mr.A.K.Baskarapandian Special Government Pleader

O R D E R

This Writ Petition has been filed, seeking a direction to the first respondent to consdier and pass orders on the representation of the Petitioner dated 8.11.2016 with regard to the grant of due promotions and increments on par with the immediate junior of the Petitioner within the time limit fixed by this Court. 2.Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

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3.The case of the Petitioner is that the Petitioner joined the service of Public Health Department as Municipal Health Officer in the year 2007 and due to some civil dispute, a criminal complaint was lodged against the Petitioner and due to that he was kept under deemed suspension by the department and then,he was acquitted from the criminal case. During trial his juniors were given promotion and the Petitioner was not even given any increments during the trial period. Hence the Petitioner has given a representation in this regard with the relief as mentioned in the prayer on 8.11.2016 and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the respondents concerned is directed to consider the representation of the petitioner, dated 08.11.2016 and to pass appropriate orders on the same in accordance with law, within a period of two months from the date of receipt of a copy of this order, if there is no other legal impediment to do so.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To:

1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St.George,Chennai - 9.

2.The Director of Public Health and Preventive Medicine, DMS Campus, Anna Salai, Teynampet, Chennai - 18.

+1cc to Mr.P.Srinivas, Advocate Sr.No.11796 +1cc to special Government Pleader SR.No.11963 vsn sm:RR:09/03/2017:2P/5C W.P.(MD) No.3558 of 2017 01.03.2017 https://hcservices.ecourts.gov.in/hcservices/