P.Suresh Kumar vs The Principal Secretary
2023 Latest Caselaw 789 Mad

                                                        1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 20.01.2023

                                                    CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               W.P No.1197 of 2023

                P.Suresh Kumar                                            Petitioner

                                                        vs.

                1.The Principal Secretary,
                  Highways and Small Ports (H R2) Department,
                  Secretariat,
                  Chennai – 600 009

                2.The Director General,
                  Highways Department,
                  No.76, Sarthar Vallabai Patel Road,
                  Guindy, Chennai – 600 025.

                3.The Chief Engineer,
                  Highways Department,
                  Construction & Maintenance,
                  No.76, Sarthar Vallabai Patel Road,
                  Guindy, Chennai – 600 025.

                4.The Superintending Engineer,
                  Highways Department,
                  Construction & Maintenance,
                  Tirupur.

                5.The Divisional Engineer,
                  Highways Department,
                  Construction & Maintenance,
                  Erode – 638 002.                                      Respondents
https://www.mhc.tn.gov.in/judis
                                                          2

                Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                issuance of a Writ of Mandamus, directing the 5th respondent to consider his
                last representation dated 21.11.2022 for seeking suitable fixation of his salary
                and promotion properly including annual increments and other eligible rights
                under service condition from the period 06.09.2002 within a stipulated time
                fixed by this Court.
                                      For Petitioner     : Mr.P.Veeraraghavan
                                      For Respondents : Ms.P.Vijaya Devi
                                                        Government Advocate


                                                       ORDER

This writ petition has been filed for issue of writ of mandamus directing

the 5th respondent to consider the representation made by the petitioner on

21.11.2022 wherein, the petitioner has sought for fixation of his salary and

promotion including his annual increments and other eligible rights under the

service conditions from the period 06.09.2022 onwards, within the time frame

fixed by this Court.

2.The case of the petitioner is that he was appointed as a Road Worker by

the 5th respondent. The petitioner was arrayed as an accused in an FIR

registered for offence under Sections 363, 366A and 376(1) of IPC. Ultimately,

final report was filed and the trial was conducted by the Assistant Sessions

Judge, Dharapuram in S.C.No.109 of 2004. The petitioner was ranked as A3 in https://www.mhc.tn.gov.in/judis

this case. The petitioner was convicted and sentenced by the trial Court for

offence under Sections 366A and 363 of IPC. Aggrieved by the same, the

petitioner filed an appeal along with the other accused persons in Crl.A.No.363

of 2005 before this Court.

3.This Court allowed the appeal through Judgment dated 10.03.2011. In

the meantime, since the petitioner was convicted by the trial Court, he was

terminated from service by invoking FR.No.17(c).

4.Pursuant to the petitioner getting acquitted from all charges, he was

reinstated in to service on 02.07.2012 by the 5th respondent and the petitioner

also joined the Department and his salary was fixed at Rs.33,852/-

5.The petitioner gave repeated representations to the 5th respondent

requesting to fix his salary as per Rules taking note of his seniority in the

service and also to afford him with the promotion and other attendant benefits.

The latest representation was given by the petitioner on 21.11.2022. Since,

none of the representations evoked any response from the 5th respondent, the

present writ petition has been filed before this Court seeking for appropriate

directions.

https://www.mhc.tn.gov.in/judis

6.Heard Mr.P.Veeraraghavan, learned counsel appearing on behalf of the

petitioner and Ms.P.Vijaya Devi, learned Government Advocate appearing on

behalf of the respondents.

7.Taking into consideration the limited relief sought in the present writ

petition and without going into the merits of the case, there shall be a direction

to the 5th respondent to consider the representation made by the petitioner on

21.11.2022 on its own merits and in accordance with law and a final decision

shall be taken by the 5th respondent, within a period of six weeks from the date

of receipt of copy of this order. The petitioner is directed to make a fresh

representation to the 5th respondent along with all the relevant documents and

also a copy of this order.

8.This writ petition is disposed of with the above direction. No Costs.

                                                                                         20.01.2023
                Index        : Yes/No
                Internet     : Yes/No

Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ssr

https://www.mhc.tn.gov.in/judis

To

1.The Principal Secretary, Highways and Small Ports (H R2) Department, Secretariat, Chennai – 600 009

2.The Director General, Highways Department, No.76, Sarthar Vallabai Patel Road, Guindy, Chennai – 600 025.

3.The Chief Engineer, Highways Department, Construction & Maintenance, No.76, Sarthar Vallabai Patel Road, Guindy, Chennai – 600 025.

4.The Superintending Engineer, Highways Department, Construction & Maintenance, Tirupur.

5.The Divisional Engineer, Highways Department, Construction & Maintenance, Erode – 638 002.

https://www.mhc.tn.gov.in/judis

N. ANAND VENKATESH, J.

ssr

W.P No.1197 of 2023

20.01.2023

https://www.mhc.tn.gov.in/judis