Prema Latha.K v. The Commissioner And Director For Welfare Of Differently Abled Persons

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.18825 of 2023 K.Prema Latha ... Petitioner Vs.

1.The Commissioner for Welfare of Differently 2.The Director for Welfare of Differently 3.The Administrative Officer (I/c), Government Rehabilitation Home, Y.Pudupatti, Madurai 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 respondents to 1/5

promote the petitioner as Administrative Officer considering her eligibility and suitability for the post.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.T.Villavan Kothai Additional Government Pleader

ORDER

The writ petitioner is presently working as an Office Superintendent in Government Rehabilitation Home at Y.Pudupatti, Madurai. The Administrative Officer of the said rehabilitation home has addressed a communication to the first respondent herein, annexing the service particulars of the writ petitioner for being promoted to the post of Administrative Officer on 06.04.2023. Thereafter, the writ petitioner has sent representations to the first respondent on 16.05.2023 and on 21.06.2023 to consider her promotion based upon the letter of the first respondent, dated 03.04.2023. Since there was no response, the present writ petition has been filed seeking a positive Mandamus, directing the respondents to promote the petitioner as Administrative Officer.

2. Though such a positive Mandamus has been sought for, the learned Counsel appearing for the writ petitioner, on instructions, submits that he would be satisfied that if the first respondent is directed to dispose of the 2/5

petitioner's representations on the basis of the proposal forwarded by the third respondent herein.

3. Considering the above said facts, the first respondent is directed to consider the proposal forwarded by the third respondent on 06.04.2023 on merits and in accordance with law and pass orders, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

03.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner for Welfare of Differently 3/5

2.The Director for Welfare of Differently 3.The Administrative Officer (I/c), Government Rehabilitation Home, Y.Pudupatti, Madurai District.

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R.VIJAYAKUMAR, J.

BTR 03.10.2023 5/5