Madras High Court
C.Karthik Kumar vs The Principal Secretary on 9 January, 2023
W.P.No.412 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.412 of 2023
C.Karthik Kumar ... Petitioner
vs.
1.The Principal Secretary,
Department of National High Ways,
Secretariat,
Chennai - 09.
2.The Director General,
High Ways Department,
Guindy,
Chennai - 25.
3.The Chief Engineer,
Department of National High Ways,
Guindy,
Chennai -25.
4.The Superintendent Engineer,
Department of National High Ways,
Salem - 04.
5.The Divisional Engineer,
Department of National High Ways,
Gobichettipalayam,
Erode District ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.412 of 2023
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the respondents herein to provide 4% of
reservation to the petitioner as he is coming under physically disabled
persons quota as mentioned under the Rights of Person with Disabilities
Act, 2016 and in the light of the Judgment of the Hon'ble Supreme Court in
Siddaraju vs. State of Karnataka reported in (2020) 3 SCALE 417 for the
post of Assistant Divisional Engineer.
For Petitioner : Mr.K.Thilageswaran
For Respondents : Mr.E.Sundaram,
Government Advocate
ORDER
Mr.E.Sundaram, learned Government Advocate accepts notice on
behalf of the respondents. By consent of both the parties, this writ petition is
taken up for final disposal in the admission stage itself.
2. The grievance of the petitioner in this writ petition is that he being
a disabled person is entitled for reservation in the promotion for the post of
Assistant Divisional Engineer from the post of Assistant Engineer. The
petitioner has given representations on various dates and the last
representation was given on 23.03.2022. The petitioner has also relied upon
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W.P.No.412 of 2023
a Judgement of the Hon'ble Supreme Court in the case of Siddaraju vs.
State of Karnataka reported in (2020) 3 SCALE 417 to substantiate his
claim. According to the petitioner, the respondents will have to provide
reservation under the Right of Persons with Disabilities Act, 2016 for him
for the post of Assistant Divisional Engineer. It is for the respondents to
consider the petitioner's representation on merits and in accordance with
law.
3. Heard Mr.K.Thilageswaran, learned counsel for the petitioner and
Mr.E.Sundaram, learned Government Advocate appearing for the
respondents.
4. No prejudice would be caused to the respondents, if they are
directed to consider the petitioner's representation dated 23.03.2022 as
stated supra, on merits and in accordance with law, within a time frame to
be fixed by this Court.
5. For the foregoing reasons, this Court directs the second respondent
to pass final orders on merits and in accordance with law on the petitioner's
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W.P.No.412 of 2023
representation dated 23.03.2022 seeking for providing him with reservation
under the disabilities quota as per the Judgment of the Hon'ble Supreme
Court in the case of Siddaraju vs. State of Karnataka reported in (2020) 3
SCALE 417 within a period of twelve weeks from the date of receipt of a
copy of this Order.
6. With the aforesaid direction, this writ petition is disposed of. No
costs.
09.01.2023
nl
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking orders
Neutral citation: Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.412 of 2023
To
1.The Principal Secretary,
Department of National High Ways,
Secretariat,
Chennai - 09.
2.The Director General,
High Ways Department,
Guindy,
Chennai - 25.
3.The Chief Engineer,
Department of National High Ways,
Guindy,
Chennai -25.
4.The Superintendent Engineer,
Department of National High Ways,
Salem - 04.
5.The Divisional Engineer,
Department of National High Ways,
Gobichettipalayam,
Erode District
https://www.mhc.tn.gov.in/judis
W.P.No.412 of 2023
ABDUL QUDDHOSE, J.
nl
W.P.No.412 of 2023
09.01.2023
https://www.mhc.tn.gov.in/judis
