Madras High CourtWP(MD)/5748/2016disposed of

B. Kumaresan, v. The Agricultural Production

2016-03-23Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) Nos.5748 to 5752 of 2016 B.Kumaresan ... Petitioner in W.P(MD)No.5748 of 2016 N.Ramasubbu ... Petitioner in W.P(MD)No.5749 of 2016 T.Radhakrishnan ... Petitioner in W.P(MD)No.5750 of 2016 R.Parthasarathy ... Petitioner in W.P(MD)No.5751 of 2016 E.Kanthimathinathan ... Petitioner in W.P(MD)No.5752 of 2016 Vs.

1.The Agricultural Production Commissioner and Secretary to the Government, Department of Agriculture, Fort St., George, Chennai 600 009.

2.The Chief Engineer, (Agricultural Engineering) No.487, Anna Salai, Nandanam, Chennai 600 035.

... Respondents in all W.Ps.

Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents to provide promotion to the petitioner in post of Assistant Executive Engineer (Agricultural Engineering) in accordance with the Special Rules for the Tamil Nadu Agricultural Engineering Service (Section 38 in Volume II of the Tamil Nadu Service Manual 1969) amended by the Government Order in G.O.Ms.No.34 Agriculture Department dated 17.02.2015 within the time period stipulated by this Court.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.S.Sadeskumar Additional Government Pleader.

ORDER

The petitioners have come up with the above writ petitions seeking for the issue of a writ of mandamus to direct the Respondents to provide promotion to the petitioner in post of Assistant Executive Engineer (Agricultural Engineering) in accordance with the Special Rules for the Tamil Nadu Agricultural Engineering Service (Section 38 in Volume II of the Tamil Nadu Service Manual 1969) amended by the Government Order in G.O.Ms.No.34 Agriculture Department dated 17.02.2015. 2.Heard the learned counsel appearing for the petitioners. Mr.S.Sadeskumar, learned Additional Government Pleader takes notice for the respondents.

3.According to the petitioners, as per G.O.Ms.No.34, dated 17.02.2015, they are entitled to be promoted as Assistant Executive Engineer (Agricultural Engineering). Therefore, they have submitted a representation on 08.03.2016 seeking for the above said relief. Since no order has been passed so far, the petitioners have come up with the above writ petitions.

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4.Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioners, the writ petitions are disposed of, directing the respondents to consider the representations of the petitioners dated 08.03.2016 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Agricultural Production Commissioner and Secretary to the Government, Department of Agriculture, Fort St., George, Chennai 600 009.

2.The Chief Engineer, (Agricultural Engineering) No.487, Anna Salai, Nandanam, Chennai 600 035.

+1cc to M/s.T.Lajapathi Roy, Advocate SR.No.16653 +1cc to Special Government Pleader SR.No.16688 sm:AAL-MPA:AR I:06.04.2016:2P/4c Writ Petition (MD) Nos.5748 to 5752 of 2016 23.03.2016 https://hcservices.ecourts.gov.in/hcservices/