Madras High CourtWP(MD)/27566/2022disposed of

Rajangam R v. The State Of Tamil Nadu

2022-12-06Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Rajangam ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Water Resource Department, Fort St. George, Chennai - 09.

2.The Engineer in Chief and Chief Engineer (General), Water Resource Department, Chepauk, Chennai - 600 005.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Grade-II Inspector with effect from the year 2016 and consequently direct the respondents to disburse the monetary benefits to the petitioner based on the petitioner's representation, dated 28.08.2019, 15.07.2020 and 25.06.2021 on merits within a time frame. 1/5

For Petitioner : Mr.K.M.Priscilla Jancy For Respondents : Mr.S.P.Maharajan, Special Government Pleader

O R D E R

This writ petition has been filed for a direction to the respondents to promote the petitioner as Grade-II Inspector with effect from the year 2016 and consequently, direct the respondents to disburse the monetary benefits to the petitioner based on the petitioner's representation, dated 28.08.2019, 15.07.2020 and 25.06.2021, within a stipulated time.

2. The case of the petitioner is that he entered into service as 'NMR' on daily wage basis in the year 1993. However, his services were not regularized. Hence, he filed a writ petition in W.P.No.21853 of 2008. This Court by its order, dated 05.09.2008, directed the first respondent to consider the grievance of the petitioner and pursuant to which, services of the petitioner was regularized as per G.O.No.334/Popa(C2) Department, dated 19.10.2007, as Work Inspector Grade - II. Subsequently, the petitioner was engaged in various Schemes and work was also extracted from him. However, no promotion was 2/5

awarded to the petitioner thereafter. Hence, for the next level of promotion, the petitioner made a representation before the respondents. But, till date no order was passed. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 25.06.2021, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondents 1 and 2, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 25.06.2021and pass appropriate orders, on merits and in 3/5

accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

06.12.2022 pm To 1.The State of Tamil Nadu, Rep. by its Secretary, Water Resource Department, Fort St. George, Chennai - 09.

2.The Engineer in Chief and Chief Engineer (General), Water Resource Department, Chepauk, Chennai - 600 005.

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M.DHANDAPANI,J.

pm 06.12.2022 5/5