Madras High CourtWP(MD)/4119/2016disposed of

R. Ponnuswamy v. The Managing Director,

2016-02-29Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.4119 of 2016 R.Ponnuswamy ... Petitioner Vs.

The Managing Director, Tamil Nadu Forest Plantation Corporation Limited, Karur Main Road, Mallachipuram, Kambarasampettai Post, Tiruchirappalli District. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider and pass orders on the petitioner's representation, dated 29.06.2015 seeking to re-fix/restore the petitioner's seniority in the cadre of Assistant from the date of absorption, and consequently consider the petitioner for further promotion to the Post of Administrative Officer within a reasonable time as may be specified by this Honourable Court. For Petitioner : Mr.E.V.N.Siva For Respondent : Mr.R.Anandaraj, Government Advocate

ORDER

Mr.R.Anandaraj, learned Government Advocate takes notice for the respondent.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioner seeks for a Mandamus directing the respondent herein to consider and pass orders on the petitioner's representation, dated 29.06.2015 seeking to re-fix/restore the petitioner's seniority in the cadre of Assistant from the date of absorption and to consider the petitioner for further promotion to the Post of Administrative Officer within a stipulated time.

4. The case of the petitioner is that he joined service as Typist on 01.08.1987 and promoted as Assistant and permanently absorbed into Tamil Nadu Forest Plantation Corporation Limited from February 2006 onwards and he was placed as Junior Assistant instead of Assistant. Hence, the petitioner made a representation to the respondent. Based on which, the respondent issued proceedings in S.O.No.87/2013(ref.No.5576/2005/E1), dated 23.10.2013 absorbing the petitioner as Assistant. However, seniority of the petitioner was not fixed based on the aforesaid https://hcservices.ecourts.gov.in/hcservices/

absorption. Hence, the petitioner made a representation to the respondent to re-fix his seniority. As there was no response, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the above stated facts and circumstances of the case, without expressing any opinion on the merits of the claim made by the petitioner, the respondent is directed to consider the representation of the petitioner, dated 29.06.2015 and pass appropriate orders on the same, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Co.Dept.) /True copy/ Sub AssistantRegistrar To The Managing Director, Tamil Nadu Forest Plantation Corporation Limited, Karur Main Road, Mallachipuram, Kambarasampettai Post, Tiruchirappalli District +1cc to special Government Pleader SR.No.11658 sm:sk-skn:SAR I:07.03.2016:2P/3c W.P(MD)No.4119 of 2016 29.02.2016 https://hcservices.ecourts.gov.in/hcservices/