Madras High CourtWP(MD)/23728/2024disposed of

T.Subramaniyan v. The Agriculture Production Commissioner And

2024-10-04Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR T.Subramaniyan : Petitioner Vs.

1.The Agriculture Production Commissioner and Secretary to the Government, St. George Fort, Chennai.

2.The Chief Engineer, Agricultural Engineering Department, 487, Anna Salai, Nandanam, Chennai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to fix the seniority of the petitioner as per 6(A) of Special Rule for Tamil Nadu Agricultural Engineering Service vide G.O.Ms.No.431 Agriculture [AA3] Department dated 22.10.1996 based on the representation dated 05.07.2024 preferred by the petitioner within time frame that may be stipulated by this Court. 1/5

For Petitioner : Mr.V.P.Rajan For Respondents 1 & 2 : Mr.S.Shaji Bino Additional Government Pleader

O R D E R

The instant writ petition has been filed by a re-designated Assistant Engineer working in the respondent Agricultural Engineering Department seeking a Mandamus to fix the seniority of the petitioner as per Rule 6(A) of Special Rule for Tamil Nadu Agricultural Engineering Service vide G.O.Ms.No.431 Agriculture [AA3] Department dated 22.10.1996.

2.According to the learned Counsel appearing for the petitioner, the next level of promotion to the petitioner is to the post of Assistant Executive Engineer. However, so far, the respondents have not fixed the seniority between the directly recruited Assistant Engineers and re-designated Assistant Engineers as per the special Rule as stated above. Hence, the petitioner has sent a representation to the second respondent herein on 05.07.2024. Since the said representation has not been considered, the present Writ Petition has been filed.

3.Heard the learned Counsel on either side.

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4.Considering the above said fact, the second respondent is directed to consider the representation of the writ petitioner dated 05.07.2024 and pass orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 04.10.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Agriculture Production Commissioner and Secretary to the Government, St. George Fort, Chennai.

2.The Chief Engineer, Agricultural Engineering Department, 487, Anna Salai, Nandanam, Chennai.

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R.VIJAYAKUMAR , J.

MR 04.10.2024 5/5