Madras High CourtWP(MD)/7369/2013disposed of

P. Palani Sathees Kumar, v. The Divisional Engineer

2018-03-27Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.7369 of 2013 and M.P.(MD).No. 1 of 2013 P.Palani Sathees Kumar ... Petitioner Vs.

1. The Divisional Engineer, Highways Department (Construction and Maintenance), Near Bus stand, Palayamkottai, Tirunelveli.

2. The Assistant Divisional Engineer, Highways Department (Construction and Maintenance), Near Bus stand, Palayamkottai, Tirunelveli.

3. The Assistant Engineer, Highways Department (Construction and Maintenance) T.T.A.Padasalai Street, Near Church, Aalangulam Post, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to consider the petitioner's appeal dated 17.04.2013 within a stipulated time that may be fixed by this Court and refix the petitioner's seniority as per amendment made in the Special Rules for the Tamilnadu Highways Engineering Subordinate (Work Charged) Service Rules G.O.(Ms).No.193 Highways and Minor Ports (HK3) Department dated 01.08.2008 and to promote the petitioner to the post of Road Inspector Grade-II retrospectively. For Petitioner : Mr.M.Saravanakumar For R1 to R3 : Mr.R.Sethuraman Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

The grievances of the writ petitioner is that his name was not considered for promotion to the post of Road Inspector Grade-II. Despite the fact that the writ petitioner is fully qualified for promotion. In this regard, the writ petitioner submitted a representation to the first respondent on 17.04.2013 and the same is yet to be considered.

2. Thus, without going into the merits of the matter, the first respondent is directed to consider the petitioner's representation dated 17.04.2013 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the representation and relevant Government orders if any, along with the order passed in this writ petition, within a period of two weeks from the date of receipt of a copy of this order.

3. Accordingly, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Divisional Engineer, Highways Department (Construction and Maintenance), Near Bus stand, Palayamkottai, Tirunelveli.

2. The Assistant Divisional Engineer, Highways Department (Construction and Maintenance), Near Bus stand, Palayamkottai, Tirunelveli.

3. The Assistant Engineer, Highways Department (Construction and Maintenance) T.T.A.Padasalai Street, Near Church, Aalangulam Post, Tirunelveli District.

+ 1 cc TO Mr.M.Saravanankumar , Advocate in SR No. 58499 + 1 cc TO The Special Government Pleader in SR No. 58975 pnn AE/KKR/SAR4/13.04.2018/2P/6C W.P.(MD) No.7369 of 2013 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/