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Madras High CourtWP(MD)/16426/2024allowed

Thirunavukarasan T v. The Additional Chief Secretary To Government

2024-07-23Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16426 of 2024 and W.M.P(MD)No.14233 of 2024 Dr.T.Thirunavukarasan ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Fort St. George, Chennai, Tamil Nadu - 600 009.

2. The Director, Department of Animal Husbandry and Veterinary Services, Office of the Director of Animal Husbandry and Veterinary Services, No.571, Anna Salai, Nandanam, Chennai, Tamil Nadu - 600 009.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 25.03.2024 and include the petitioner's name in the regular panel according to the marks obtained by the petitioner in the TNPSC Examination and consequently order the petitioner's promotion. For Petitioner : Mr.Jus Remedium For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The present writ petition has been filed seeking a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation, dated 25.03.2024 and include the petitioner's name in the regular panel according to the marks obtained by the petitioner in the TNPSC Examination and consequently order the petitioner's promotion 2.Heard Mr.Jus Remedium, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

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3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The petitioner who was appointed to the post of Research Assistant / Veterinary Assistant Surgeon in the year 2000 and he was serving at the Institute of Veterinary Preventive Medicine, Ranipet. Later, the services of the petitioner and other appointees have been regularised on 07.03.2003. Subsequent to the Government Order issued in G.O.(Ms)No.163, Animal Husbandry Diary and Fisheries Department, dated 14.08.2014, the post of Research Assistant and Veterinary Assistant Surgeon became inter transferrable and thus, the petitioner was transferred as Research Assistant/Veterinary Assistant Surgeon. However, in the year 2024, a panel for promotion was released to the post of Assistant Director of Animal Husbandry. Despite the petitioner's junior's name has been included in the panel, the petitioner's name not did not find place. The petitioner has given a representation in this regard on 25.03.2024, but so far it has not been considered by the respondents. It is further submitted that even the seniority of the petitioner and others were also not fixed.

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5. The learned Additional Government Pleader appearing for the respondents submitted that after the list was released, the petitioner had given his objection, as called for in the list itself.

6. In such case, it is mandatory on the part of the respondents to consider the objection of the petitioner and take a decision on that before proceeding to make any promotion in accordance with the panel for promotion already prepared.

7. With the above observation, this writ petition is disposed of and the respondents are directed to consider the representation of the petitioner, dated 25.03.2024 on merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

23.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Additional Chief Secretary to Government, Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Fort St. George, Chennai, Tamil Nadu - 600 009.

2. The Director, Department of Animal Husbandry and Veterinary Services, Office of the Director of Animal Husbandry and Veterinary Services, No.571, Anna Salai, Nandanam, Chennai, Tamil Nadu - 600 009.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16426 of 2024 23.07.2024 6/6