Madras High CourtWP(MD)/21291/2021disposed of

Ananda Manikandan M v. The Secretary To Govt.

2021-11-30Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Ananda Manikandan ... Petitioner Vs.

1.The Secretary to Government, Rural Development and Panchayat Raj Department(E3), Panagal Maligai Building, Saidapet, Chennai-15 2.The Director, Rural Development and Panchayat Raj Department, Panagal Maligai Building, Saidapet, Chennai-15 3.The Block Development Officer, Sivagangai Panchayat Union, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose of the Appeal preferred by the petitioner dated 03.09.2019 and 20.11.2021 for rectifying his correct date of joining as Technical Assistant on 03.07.2007 instead of wrong date of joining on 20.12.2007 and include the petitioner's name in the Promotion Panel List to the post of Assistant Engineer for the year 2021-2022 on par with his immediate juniors within the time frame to be stipulated by this Court. For Petitioner : Mr.L.Pinaygash For Respondents : Mr.G.V.Vairam Santhosh, AGP for R1 & R2 and Mr.V.Nirmal Kumar, Government Advocate for R3.

ORDER

Heard Mr.L.Pinaygash, learned counsel appearing for the petitioner and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.V.Nirmal Kumar, learned Government Advocate appearing for the third respondent.

2.This Writ Petition has been filed, seeking for issuance of a Writ of Mandamus, to direct the second respondent to dispose of the 1/3

Appeal preferred by the petitioner dated 03.09.2019 and 20.11.2021 for rectifying his correct date of joining as Technical Assistant on 03.07.2007 instead of wrong date of joining on 20.12.2007 and include the petitioner's name in the Promotion Panel List to the post of Assistant Engineer for the year 2021-2022 on par with his immediate juniors within the time frame to be stipulated by this Court.

3.The learned counsel for the petitioner submits that the date of joining of the petitioner as Technical Assistant is on 03.07.2007, while so, it has been wrongly mentioned as 20.12.2007 in the inter se Seniority list approved for the promotion to the post of Assistant Engineer. In this regard, the petitioner has preferred an Appeal before the second respondent on 30.09.2019 and 20.11.2021 seeking for rectification of his correct date of joining as Technical Assistant on 03.07.2007. However, the same has not been considered. Therefore, the petitioner is before this Court by way of the present Writ Petition.

4.Considering the submissions made by the learned counsel on either side and also considering the limited scope of prayer as sought by the petitioner, this Court, without expressing any opinion on merits on the claim of the petitioner in the Appeal, a direction is issued to the second respondent to dispose of the Appeal preferred by the petitioner on 30.09.2019 and 20.11.2021 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.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 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.

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To:

+1 CC to M/s.I.PINAYGASH, Advocate ( SR-36847[F] dated 01/12/2021 ) +1 CC to M/s.SPL GP ( SR-36708 & SR-36773 ) 30.11.2021 RS (01.12.2021) 3P 6C 3/3