M.Sankaranarayanan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.17804 of 2017 M.Sankaranarayanan ... Petitioner Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, St. George Fort, Chennai 600 009.

2.The Director of Town Panchayats, Kuralagam Fourth Floor, Chennai 600 108.

3.The District Collector, Kanyakumari District at Nagercoil.

4.R.Gururajan 5.K.Chitra 6.S.Shanthakumar 7.S.M.Murugan 8.R.Raja ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent No.1 to include the name of the petitioner in the panel for promotion to the post of Assistant Director of Town Panchayat and consider the candidature of the petitioner for the promotion to the post of Assistant Director of Panchayat and further forbearing the respondent No.1 from promoting the respondent Nos.4 to 8, who are all juniors to the petitioner, to the post of Assistant Director of Town Panchayat, without considering the candidature of the petitioner.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.M.Muthugeethayan Special Government Pleader 1/3

For R4 to R7 : No appearance For R8 : No appearance

O R D E R

This writ petition has been filed for a direction to the first respondent to include the name of the petitioner in the panel and to consider the candidature of the petitioner for promotion to the post of Assistant Director of Town Panchayat and to forbear the first respondent from promoting the respondents 4 to 8, who are all juniors to the petitioner, to the post of Assistant Director of Town Panchayat.

2. Mr.G.Prabhu Rajadurai, learned counsel appearing for the petitioner would submit that in the month of August 2017, there is no charge pending against the petitioner. However, his name was not included in the panel for promotion to the post of Assistant Director of Town Panchayats. Subsequently, after the crucial date, the second respondent has issued a charge memo against the petitioner, on 13.09.2017, for denial of promotion. Challenging the same, the present writ petition has been filed. He would further submit that during the pendency of the writ petition, the petitioner was placed under suspension and he was not allowed to retire.

3. In view of the subsequent development, this Writ Petition is disposed of with liberty to the petitioner to work out the remedy, in the manner known to law. No cost. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Secretary to Government, Municipal Administration and Water Supply Department, St. George Fort, Chennai 600 009.

2/3

2.The Director of Town Panchayats, Kuralagam Fourth Floor, Chennai 600 108.

3.The District Collector, Kanyakumari District at Nagercoil.

+1 CC to SPL GP ( SR-12949[F] dated 23/03/2021 ) +1 CC to Mr.G.PRABHU RAJADURAI, Advocate ( SR-13074[F] dated 23/03/2021 ) 22.03.2021 KM (09.04.2021) 3P 6C 3/3