Muthuramalingam. T v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.Muthuramalingam ... Petitioner Vs.

1.The Principal Secretary, Rural Development and Panchayat Raj Department (E4), Secretariat, George Fort, Chennai-9.

2.The Director/Appellate Authority, Rural Development and Panchayat Raj Department (E4), Panagal maligai Building, Saidapet, Chennai-15.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent No.1 to pass final order on the proposal sent by the Respondent No. 2 in proceedings in Na.Ka.No.3630/2022/C3, dated 22.09.2022 and to re-fix the petitioner's seniority for the post of Assistant from the year 1997 and to provide notional promotion to the petitioner for the post of Block Development Officer within the time stipulated by this Court.

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For Petitioner : Mr.I.Pinaygash For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

The present writ petition has been filed seeking direction to the Respondent No.1 to pass final order on the proposal sent by the Respondent No. 2 in proceedings in Na.Ka.No.3630/2022/C3, dated 22.09.2022 and to refix the petitioner's seniority for the post of Assistant from the year 1997 and to provide notional promotion to the petitioner for the post of Block Development Officer within the time stipulated by this Court.

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

3. The petitioner joined in the post of Junior Assistant on 30.05.1994 on compassionate ground and completed his probation period on 31.05.1997. Thereafter, he was regularized in service. Presently, the petitioner is serving as Deputy Block Development Officer from 23.07.2012. However, it seems that in 2/5

the year 2022, the petitioner has filed a writ petition in W.P(MD)No.2399 of 2022 seeking to dispose of the appeal which was pending before the 2nd respondent with respect to the issue of refixing the petitioner's seniority for the post of Assistant from the year 1997 and to provide notional promotion to the petitioner for the post of Block Development Officer. The said writ petition was allowed on 29.07.2022. On the basis of which, the 2nd respondent has sent a proposal to the 1st respondent on 22.09.2022 and the same is pending without being disposed of. Hence, this writ petition came to be filed.

4. Considering the limited prayer sought for before this Court, this Court is inclined to direct the 1st respondent to pass final order for the proposal sent by the 2nd respondent in proceedings in Na.Ka.No.3630/2022/C3, dated 22.09.2022 and to refix the petitioner's seniority for the post of Assistant from the year 1997 in accordance with law. I make it clear that without going into the merits of the case, this Court directs the 1st respondent to pass final orders in accordance with law within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

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5. With the above said observations, this Writ Petition stands disposed of. No costs.

05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Principal Secretary, Rural Development and Panchayat Raj Department (E4), Secretariat, George Fort, Chennai-9.

2.The Director/Appellate Authority, Rural Development and Panchayat Raj Department (E4), Panagal Maligai Building, Saidapet, Chennai-15.

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L.VICTORIA GOWRI, J.

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