A.Palanikumar, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.18186 of 2016 1.

A.Palanikumar 2.

G.Ilangovan 3.

P.Saravanan 4.

K.G.Kannan 5.

S.Nagaraj ... Petitioners -vs1. The State of Tamil Nadu, Rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai-600 009.

2. The Commissioner of Municipal Administration, Chepauk, Chennai-5.

3. The Commissioner, Corporation of Madurai, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 & 2 to take appropriate action on the proposal of the 3rd respondent dated 26.04.2011 & 21.04.2016 relating to the promotion of the petitioners to the higher post either by bringing the petitioners under the purview of the existing service rules or by framing appropriate service rules so as to enable the petitioners to get promotion to the higher post. For Petitioners :

Mr.B.Saravanan For R1 & R2 :

Mr.V.Pandi Govt. Advocate For R3 :

Mr.Prabhu Ramachandran *****

O R D E R

This petition has been filed, seeking to direct the respondents 1 & 2 to take appropriate action on the proposal of the 3rd respondent dated 26.04.2011 and 21.04.2016 relating to the promotion of the petitioners to the higher post either by bringing the petitioners under the purview of the existing service https://hcservices.ecourts.gov.in/hcservices/

rules or by framing appropriate service rules so as to enable the petitioners to get promotion to the higher post.

2. Heard the learned counsel on either side.

3. Learned counsel for the petitioners would submit that the 1st petitioner was originally appointed as Electrician and the petitioners 2 to 5 as Wireman in the year 1998 and have been working in the 3rd respondent Corporation; that they have no avenue for promotion in the Corporation, as there is no separate service rules for the post being held by the petitioners in the Street Light Section of the 3rd respondent Corporation; the 3rd respondent sent a proposal dated 26.04.2011 to the 2nd respondent, recommending either to bring the petitioners under the purview of the existing services rules or to frame appropriate service rules to them for promotion to the higher posts.

4. According to the learned counsel for the 3rd respondent, the proposal submitted by the 3rd respondent has to be considered by the 2nd respondent and after the approval being accorded by the 2nd respondent, further course of action will be taken by the 1st respondent. If this Court grants two and three months' time, the entire exercise will be completed.

5. Considering the fact that the petitioners are longing for promotion for quite a long time, the respondents are directed to complete the whole exercise within a period of two months from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

To:

1. The Secretary, State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai-600 009.

2. The Commissioner of Municipal Administration, Chepauk, Chennai-5.

3. The Commissioner,Corporation of Madurai,Madurai. +1CC to M/S.R.Prabu Ramachandran, Advocate, SR.No. 55396 +1CC to M/S.B.Saravanan, Advocate, SR.No. 55333 +1CC to the Special Government Pleader, SR.No. 55145 W.P(MD) No.18186 of 2016 22.09.2016 ar AM/CK/SAR-I/24.10.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/