M.Veluchamy v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2016
CORAM
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) Nos.17851 of 2016 M.Veluchamy ... Petitioner -vs1.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 10.
2.The General Manager, (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 10.
3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Tirunelveli Regional Office, Tirunelveli.
4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Virudhunagar Regional Office, Virudhunagar.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st Respondent to consider and dispose of the representation of the petitioner date 14.09.2015 seeking promotion and monetary benefits on par with his juniors within the time frame stipulated by this court.
For Petitioner : Mr.S.Gokulraj For Respondents : Mr.D.Mayarajan Standing Counsel
O R D E R
This writ petition has been filed for the issuance of a writ of mandamus, directing the first respondent to consider and dispose of the representation of the petitioner dated 14.09.2015, seeking promotion and monetary benefits on par with his juniors within the time frame to be stipulated by this court. 2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel, who takes notice for the respondents. By consent the writ petition itself is taken up for final disposal at the admission stage.
3.The petitioner was initially appointed as a Training Bill Clerk in the third respondent office and after periodical promotion, finally he was promoted as Junior Assistant by the third respondent. The first respondent transferred the petitioner to the office of the fourth respondent at his request, by foregoing his seniority in the cadre of Junior Assistant. The fourth respondent, on 27.01.2009, demoted the petitioner and reverted him as Bill Clerk, alleging that a revised panel of Bill Clerk for the year 2007 was published and the persons have been promoted as Junior Assistants during January 2009. Therefore, there is no vacancy to accommodate the petitioner in the post of Junior Assistant. The petitioner has also completed the age of 55. So stating, a representation has been given on 14.09.2015 to the first respondent, requesting to consider his promotion from March 2014. As the representation has not been considered, the present writ petition has been filed.
4.The learned Standing Counsel for the respondents submitted that the respondents will consider the representation of the petitioner dated 14.09.2015 within a period of six weeks. 5.In view of the submission made by the learned Standing Counsel appearing for the respondents, the respondents are directed to consider the representation of the petitioner dated 14.09.2016 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6.The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar
mj TO 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 10.
2.The General Manager, (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 10.
3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Tirunelveli Regional Office, Tirunelveli.
4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Virudhunagar Regional Office, Virudhunagar.
+1cc to Mr.D.Mayarajan Advocate Sr.No. 54088 +1cc to Mr.S.Gokulraj Advocate Sr.No. 53739 JAM/26.10.16/DB /3p-7c W.P(MD)No.17851 of 2016 20.09.2016