S.Ezhilarasu v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.17151 of 2024 S.Ezhilarasu .. Petitioner Vs.

1. The Managing Director, Tamil Nadu Civil Supplies Corporation, Chennai.

2.The General Manager (Admin), Tamil Nadu Civil Supplies Corporation, Chennai.

3. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the For Petitioners : Mr.H.Arumugam For Respondents : Mr.K.R.Badurus Zaman Standing Counsel 1/5

ORDER

This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct respondents to consider the petitioner's representation dated 31.05.2024 and pass orders placing the petitioner as Bill Clerk before the persons who were appointed in the year 2007 in the seniority and grant promotion to the next level with all the other benefits on par with the benefits granted to his juniors within the time frame.

2. Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.K.R.Badurus Zaman, learned Standing Counsel appearing for the respondents.

3. The petitioner who claims to have been appointed in the year 2001 as Bill Clerk in the respondent Corporation has filed this writ petition to consider him for promotion to the post of Assistant Manager on par with the persons who were appointed in the year 2007. Eventhough the petitioner was appointed as Bill Clerk, he was reverted to the post of Office Assistant with effect from 17.07.2002 and thereafter the petitioner was granted to the post of Bill Clerk on 2/5

08.02.2008 and he was promoted as Junior Assistant on 29.01.2009 and Assistant on 13.06.2012. Thereafter the petitioner was also promoted as Superintendent on 30.12.2016.

4. The grievance of the petitioner is that one Latha who was appointed as Bill Clerk in the vacant post arises in the year 2007 is now promoted as Assistant Manager, but eventhough the petitioner was appointed in the year 2001 as Bill Clerk, he has not been considered for the promotion as Assistant Manager. Unfortunately, when the petitioner was appointed as Bill Clerk there was no sanctioned vacancy, hence, he was reverted as Office Assistant. So, he was appointed once again as Bill Clerk on 08.02.2008. However, the petitioner's representation be considered if the petitioner is found to be qualified in accordance with the seniority in any of the future vacancies in the post of Assistant Manager. Hence, the respondent shall consider the representation of the petitioner dated 31.05.2024 on merits and pass appropriate orders as expeditiously as possible.

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5. With the above observation, this writ petition is disposed of. No Costs.

25.07.2024 Index :

Yes / No Internet : Yes / No NCC : Yes / No PJL To

1. The Managing Director, Tamil Nadu Civil Supplies Corporation, Chennai.

2.The General Manager (Admin), Tamil Nadu Civil Supplies Corporation, Chennai.

3. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur.

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R.N.MANJULA , J.

PJL W.P.(MD)No.17151 of 2024 25.07.2024 5/5