S.Manoharan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.17498 of 2020 S.Manoharan ... Petitioner Vs.

1.The Secretary to Government, Home (Courts) Department, Secretariat, Fort St.George, Chennai.

2.The Advocate General, High Court of Madras, Chennai-600104.

3.The Government Pleader, High Court of Madras, Chennai-600 014.

4.The Deputy Director, O/o Advocate General of Tamilnadu, Chennai 600 104.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of impugned final order of dismissal passed by the third respondent in Roc Nos.542&597/AII/2020 dated 13.01.2020 and quash the same as illegal, improper and unconstitutional, consequently direct the respondents to grant all service and monetary benefits including notional promotion to suitable post from the date on which his juniors were promoted along with back wages and arrears within the time that may be stipulated by this Court.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.K.P.Narayanakumar Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

2.This Writ Petition has been filed to quash the impugned final order of dismissal passed by the third respondent in Roc Nos.542&597/AII/2020 dated 13.01.2020 and consequently to direct the respondents to grant all service and monetary benefits including notional promotion to suitable post from the date on which his juniors were promoted along with back wages and arrears within the time that may be stipulated by this Court.

3.Though the petitioner filed a writ petition for larger relief, when the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner has filed an appeal on 10.02.2020 against the impugned order dated 13.01.2020, it would suffice to pass an appropriate order to dispose of the said appeal filed by the petitioner before the second respondent on 10.02.2020 within the time frame.

4.The learned Special Government Pleader appearing for the respondents would submit that the appeal will be disposed of within a period of twelve weeks on merits and in accordance with law. 5.In view of the submissions made by the learned counsel appearing on either side, this Court directs the second respondent to dispose of the appeal filed by the petitioner dated 10.02.2020 within a period of twelve weeks from the date of receipt of a copy of this order on merits and in accordance with law. 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The Secretary to Government, Home (Courts) Department, Secretariat, Fort St.George, Chennai.

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2.The Advocate General, High Court of Madras, Chennai-600104.

3.The Government Pleader, High Court of Madras, Chennai-600 014.

4.The Deputy Director, O/o Advocate General of Tamilnadu, Chennai 600 104.

+1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-23992[F] dated 04/12/2020 ) +1 CC to M/s.GP ( SR-24294[F] dated 07/12/2020 ) W.P.[MD]No.17498 of 2020 03.12.2020 VR(CO) KK(17.12.2020) 3P 7C 3/3