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Madras High CourtWP(MD)/22390/2025disposed of

Mariya Arulsamy v. The Principal Secretary To Government

2025-08-18Honourable Mr Justice M.Dhandapani8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Mariya Arulsamy ... Petitioner Vs.

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretatiat, Chennai-600 009.

2. The Commissioner of Municipal Administration, Chepauk, Chennai-600 005.

3. Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600028.

4. The Regional Director of Municipalities, Thanjavur-613 008.

5. The Municipal Commissioner, Manapparai Municipality, 1/8

Manapparai- 621 306.

Tiruchirappalli District.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to promote the petitioner as Junior Assistant or Revenue Assistant based on the G.O.(D)No.516 dated 02.09.2023 and G.O.(D)No.679 dated 14.12.2023 considering the petitioner's 14 years of service as Office Assistant and considering the petitioner's educational qualifications based on the petitioner's request made to the respondents 1 to 3 by his letter dated 28.11.2023, 19.12.2023, 09.01.2024, 23.06.2025 and 02.07.2025.

For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.M.Siddharthan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, respondents 1 to 3 to promote the petitioner as Junior Assistant or Revenue Assistant based on the G.O.(D)No.516 dated 2/8

02.09.2023 and G.O.(D)No.679 dated 14.12.2023 considering the petitioner's 14 years of service as Office Assistant and considering the petitioner's educational qualifications based on the petitioner's request made to the respondents 1 to 3 by his letter dated 28.11.2023, 19.12.2023, 09.01.2024, 23.06.2025 and 02.07.2025.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. The grievance of the petitioner is that the petitioner was appointed as Office Assistant in the Manapparai Municipality on 23.08.2011. Since the third respondent has issued proceedings in Na.Ka.No.31538/2023/Ma.Na A-2 dated 06.10.2023 with respect to providing promotions in the establishment of urban local bodies by taking into account of the qualifications prescribed in the service rules that 3/8

existed prior to the Tamilnadu Urban Local Bodies Rules, 2023, the petitioner made a representation dated 28.11.2023 to the third respondent through the fifth respondent to promote the petitioner to the post of Junior Assistant or Revenue Assistant from the post of Office Assistant. Again the petitioner made representation on 19.12.2023 for his promotion based on G.O.(D)No.679 dated 14.12.2023 issued by the Municipal Administration and Water Supply (MC7) Deparment. But the same also was not considered. Hence, the petitioner submitted further representations on 23.06.2025 and 02.07.2025 in this regard. However, since no action was taken on the said representations, the petitioner has now approached this Court by filing the present Writ Petition.

5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents to consider the representation of the petitioner dated 02.07.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.

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6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the fifth respondent, to consider the representation of the petitioner dated 02.07.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fifth respondent to consider the same on its own merits. No costs. 18.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL 5/8

To

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretatiat, Chennai-600 009.

2. The Commissioner of Municipal Administration, Chepauk, Chennai-600 005.

3. Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600028.

4. The Regional Director of Municipalities, Thanjavur-613 008.

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M.DHANDAPANI ,J.

PJL ORDER MADE IN DATED : 18.08.2025 8/8