A.Ushen Mohamed v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Ushen Mohamed ... Petitioner Vs.
1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration, Urban Administrative Office Building, Santhome High Road, M.R.C.Nagar, Chennai - 600 028.
3.The Regional Director of Municipal Administration, 294, Melakkal Main Road, Kochadai, Madurai - 625 016.
4.The Commissioner, Municipal Office, Chinnamanur - 625 515, Theni 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 first respondent i.e., the Secretary to Government, Municipal Administration and Water Supply Department, Chennai to pass appropriate orders on the petitioner's 1/5
representation dated 03-07-2019 which is based on the proposal sent by the Commissioner of Chinnamanur Municipality in his Na.Ka.No.2773/2009/C1 dated 03-05-2017 for ratifying the petitioners appointment as Electrician Grade -I with effect from 28-12-1990 within a specified time frame, that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam For R-1 to R-3 : Mr.J.John Rajadurai, Government Advocate.
For R-4 : Mr.A.K.Manikkam
ORDER
This Writ Petition is filed for Mandamus directing the first respondent to pass appropriate orders on the petitioner's representation dated 03.07.2019 which is based on the proposal sent by the Commissioner of Chinnamanur Municipality dated 03-05-2017 for ratifying the petitioner's appointment as Electrician Grade -I with effect from 28-12-1990.
2. The petitioner was appointed in the fourth respondent Municipality on 27.12.1990 as Electrician Grade-I. The petitioner was granted Selection Grade in the year 2000. However, the petitioner was not granted any increment in the cadre of Electrician Grade - I from 2007 till date, for the reason that there was 2/5
audit objections regarding the petitioner's appointment as Electrician Grade-I instead of Grade-II. Considering the case of the petitioner, the fourth respondent submitted a proposal dated 03.05.2017 to the first respondent to ratify the petitioner's appointment as Electrician Grade - I instead of Grade - II.
3. Therefore, this Court directing the first respondent to consider the petitioner's representation dated 03.07.2019 in the light of the recommendation and proposals of the fourth respondent dated 03.05.2017 and grant ratification to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.
4. In view of the above, this Writ Petition is allowed. There shall be no order as to costs.
16.12.2022 Index : Yes / No Internet : Yes/ No Nsr 3/5
To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration, Urban Administrative Office Building, Santhome High Road, M.R.C.Nagar, Chennai - 600 028.
3.The Regional Director of Municipal Administration, 294, Melakkal Main Road, Kochadai, Madurai - 625 016.
4.The Commissioner, Municipal Office, Chinnamanur - 625 515, Theni District.
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S.SRIMATHY, J.
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