Madras High Court
P.Raghunandanan vs The Director Of Public Library on 18 February, 2021
W.P.No.3289 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.3289 of 2021
P.Raghunandanan ... Petitioner
Vs.
1. The Director of Public Library,
No.737/1, Anna Salai,
Chennai 600 002.
2. The District Library Officer,
Cuddalore District,
Cuddalore. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus, directing the Respondents to pass
orders granting promotion to the Petitioner in the post of Grade II Librarian
with effect from 02.03.2019 on par with juniors, based on seniority in the
post of Grade III Librarian, based on the representations submitted by the
Petitioner on 28.11.2019 and 16.12.2020, with all consequential and other
attendant benefits, including the payment of arrears of salary.
For Petitioner : Mr.A.Maheshnath,
for Mr.G.Sankaran
For Respondents : Mr.P.Raja,
Government Advocate
Page No.1 of 5
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W.P.No.3289 of 2021
ORDER
Petitioner has come up with this Writ Petition seeking a direction to
the Respondents to pass orders granting him promotion in the post of Grade
II Librarian with effect from 02.03.2019 on par with juniors, based on
seniority in the post of Grade III Librarian, based on his representations dated
28.11.2019 and 16.12.2020, with all consequential and other attendant
benefits, including the payment of arrears of salary.
2. Heard the learned counsel on either side and perused the
material documents available on record.
3. It is stated by the Petitioner that, she was not considered for
promotion to the post of Grade II Librarian in spite of his eligibility in the
year 2019. According to him, when his claim is already protected as per the
judgment dated 12.07.2013 rendered in W.A.No.1327 of 2013 and when he
has fulfilled all the necessary qualifications as on the crucial date, the official
Respondents ought to have considered his claim for inclusion of panel and
promotion.
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W.P.No.3289 of 2021
4. Taking note of the submissions of the learned counsel on either
side, if the Petitioner's representation dated 28.11.2019 and 16.12.2020 are
still pending with the Authorities concerned, this Court directs the
Respondents to consider the Petitioner's representations, after affording him
an opportunity of hearing either physically or virtually and pass appropriate
orders in accordance with law within a period of sixty days from the date of
receipt of a copy of this order.
5. The Petitioner shall furnish his phone number, Email ID, if any,
etc., along with a copy of his representation dated 28.11.2019 and
16.12.2020 and a copy of this order to the Respondents, forthwith.
Respondents are directed to communicate the decision taken on the
representations, to the Petitioner within a period of three weeks from the
date of decision taken thereon, by way of SMS/Email/Registered Post/Speed
Post, so that there is no need for the parties to file a Contempt Petition after
expiry of the specified period. In case, Authorities concerned fail to send
communication to the parties, they will have to face civil imprisonment in
case of contempt proceedings and, if they are unable to serve the order and
the cover being returned unserved for one reason or the other, the same shall
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W.P.No.3289 of 2021
be kept in the file without opening it for the sake of proof of delivery, so that
the parties, at a later point of time, will not take a plea that, they are not
aware of the order of this Court.
6. It is made clear that, if the Petitioner does not appear before the
Respondents either physically or virtually, appropriate orders may be passed
without hearing him.
With the above directions, the Writ Petition stands disposed of. No
costs. Consequently, connected W.M.P.No.3737 of 2021 is closed.
18.02.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
1. The Director of Public Library,
No.737/1, Anna Salai,
Chennai 600 002.
2. The District Library Officer,
Cuddalore District,
Cuddalore.
https://www.mhc.tn.gov.in/judis/
W.P.No.3289 of 2021
S.VAIDYANATHAN,J.
(aeb)
W.P.No.3289 of 2021
18.02.2021
https://www.mhc.tn.gov.in/judis/
