Madras High Court
S. Sankara Subramanian vs State Of Tamil Nadu on 7 October, 2021
W.P(MD)No.18360 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.18360 of 2021
S. Sankara Subramanian
... Petitioner
Vs.
1. State of Tamil Nadu,
Represented by its Principal Secretary to Government,
Rural Development and Panchayat Raj Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Director of Rural Development %
Panchayat Raj Department,
Panagal Building,
Saidapet,
Chennai – 600 015.
3. The District Collector,
Tirunelveli District,
Tirunelveli – 627 009.
... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India,
for the issuance of a Writ of Mandamus directing the respondents to consider
the petitioner's representation dated 22.09.2014 sent through proper channel as
well as other representations dated 20.10.2014, 05.01.2015, 11.02.2015,
30.08.2016, 18.12.2018 and subsequent representation dated 25.06.2021 for
promoting the petitioner as an Assistant Engineer on par with the petitioner's
junior with all other monetary benefits with continuity of service, based on the
order passed in W.P.No.8263 of 2009 dated 29.09.2011 and G.O.Ms.No.139
Rural Development and Panchayat Raj Department, dated 28.09.2013 and the
order passed in the W.A.Nos.1323 and 1324 of 2019 within a stipulated time
fixed by this Court and pass orders.
For Petitioner : Mr. V. Karthikeyan
https://www.mhc.tn.gov.in/judis/ For Respondents : Mr. S. Shanmugavel
Standing Counsel for State
1/5
W.P(MD)No.18360 of 2021
ORDER
This petition is filed for the issuance of a Writ of Mandamus directing
the respondents to consider the petitioner's representation dated
22.09.2014 sent through proper channel as well as other representations
dated 20.10.2014, 05.01.2015, 11.02.2015, 30.08.2016, 18.12.2018 and
subsequent representation dated 25.06.2021 for promoting the petitioner
as an Assistant Engineer on par with the petitioner's junior with all other
monetary benefits with continuity of service, based on the order passed in
W.P.No.8263 of 2009 dated 29.09.2011 and G.O.Ms.No.139 Rural
Development and Panchayat Raj Department, dated 28.09.2013 and the
order passed in the W.A.Nos.1323 and 1324 of 2019 within a stipulated
time fixed by this Court.
2. According to the petitioner, his name was included in the seniority
list but the respondent has not published the panel for the promotion to
the post of Assistant Engineer till 2020. Thereafter, the respondents had
issued the proceedings dated 19.05.2021 and published the panel for the
post of Assistant Engineer for the year 2021-2022 through recruitment by
transfer from the posts of Overseer for the Junior Drafting Officers. It is
represented on behalf of the petitioner that though the petitioner had filed
a writ petition against the said proceedings, the pendency of that writ
petition has nothing to do with the present prayer in the present Writ
https://www.mhc.tn.gov.in/judis/
Petition. In the present Writ Petition, the petitioner is praying for a
W.P(MD)No.18360 of 2021
direction to the respondents to consider his representation and promote
him as Assistant Engineer on par with his junior.
3. According to the petitioner on similar circumstances, the Division
Bench of this Court in W.A.Nos.1323 and 1324 of 2019 has considered
elaborately and passed orders and the aforesaid judgment of the Court
squarely applies to the facts of the present Writ Petition, as the
petitioner's prayer is to grant promotion on par with his junior. Therefore
he seeks direction to the respondents to consider his representation dated
22.09.2014 and the subsequent representations made before the
respondent and to promote the petitioner to the post of Assistant
Engineer in the light of G.O.Ms.No.139 Rural Development and Panchayat
Raj Department, dated 28.09.2013 and the common judgment of the
Hon'ble Division Bench in W.A. Nos. 1323 and 1324 of 2019.
4. The learned Standing Counsel for the Department submitted that
if the said representation is still pending, the same will be considered and
appropriate orders will be passed in accordance with law.
5. Having regard to the limited scope of the prayer as sought for by
the petitioner, without expressing any opinion on merits, this Court is
inclined to direct the first respondent to consider the petitioner's
representation dated 22.09.2014 and the other subsequent
https://www.mhc.tn.gov.in/judis/
representations and pass appropriate orders on its own merits and in
W.P(MD)No.18360 of 2021
accordance with law as expeditiously as possible within a period of 12
weeks from the date of receipt of a copy of this order. It is needless to
state that a copy of the said representation also to be enclosed along with
the copy of this order.
With the above directions, the Writ Petition is disposed of. No costs.
07.10.2021
Index : Yes / No
Internet : Yes/ No
mnr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1. State of Tamil Nadu,
Represented by its Principal Secretary to Government,
Rural Development and Panchayat Raj Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Director of Rural Development %
Panchayat Raj Department,
Panagal Building,
Saidapet,
Chennai – 600 015.
3. The District Collector,
Tirunelveli District,
https://www.mhc.tn.gov.in/judis/
Tirunelveli – 627 009.
W.P(MD)No.18360 of 2021
D.KRISHNAKUMAR, J.
mnr
W.P(MD)No.18360 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
