D.Panneer Selvam, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2016 C O R A M THE HONOURABLE Dr.JUSTICE S.VIMALA Writ Petition (MD) No.18201 of 2016 D.Panneer Selvam .. Petitioner Vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The Assistant Director, Town Panchayat, Sivagangi Collectorate Buildings, Sivagangai.

3.The Executive Officer, Ilayangudi Town Panchayat, Sivagangai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to promote the petitioner as Sanitary Inspector by considering the representation, dated 29.06.2016 as well as the proceedings of the 3rd respondent dated 30.06.2016. For petitioner ... Mr.V.Panneer Selvam For R1 & R2 ... Mr.T.S.Mohamed Mohideen Additional Government Pleader For R3 ... Mrs.S.Bharathi Government Advocate

O R D E R

This is a Writ of Mandamus to direct the respondents to promote the petitioner as Sanitary Inspector by considering his representation, dated 29.06.2016 as well as the proceedings of the 3rd respondent, dated 30.06.2016.

2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.The petitioner is employed as Sanitary Supervisor in the regular time scale of pay from 19.11.2001 onwards. He has completed the Sanitary Inspector Training at Pudukottai District https://hcservices.ecourts.gov.in/hcservices/

for a period of one year and that he underwent the Course on loss of pay. Therefore, he is fully qualified for the post of Sanitary Inspector.

4.The Director of Town Panchayat sent a communication to the District Collector to take immediate steps to fill up the post of Sanitary Inspector, but till date no steps have been taken to promote the petitioner. The petitioner has made a representation to the respondents on 29.06.2016 and the same was forwarded and recommended by the third respondent to the second respondent. Still, the second respondent has not passed any orders. 5.The petitioner is the senior most as well as a qualified person fit for promotion, but no orders have been passed and that has made the petitioner to move this writ petition. It is also pointed out that in the list of eligible candidates for promotion, the petitioner's name also finds place.

6.Under such circumstances, the respondents are directed to consider the representation of the petitioner, dated 29.06.2016 and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, Sivagangai District.

2.The Assistant Director, Town Panchayat, Sivagangi Collectorate Buildings, Sivagangai.

3.The Executive Officer, Ilayangudi Town Panchayat, Sivagangai District.

+1cc to M/s.V.Panneerselvam, Advocate SR.No.55086 +1cc to special Government Pleader SR.no.55642 rj2 sm:DB:29.9.2016:2P/6C Writ Petition (MD) No.18201 of 2016 https://hcservices.ecourts.gov.in/hcservices/