Writ petition regarding fixation of seniority and promotion to Junior Assistant. Court directed respondent to consider representation on merits within four weeks.
Directed the first respondent to consider the petitioner's representation dated 18.6.2001 on merits and pass appropriate orders within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2014
CORAM
THE HON'BLE Ms. JUSTICE K.B.K.VASUKI
Writ Petition No.7495 of 2007
(O.A.No.4195 of 2002)
S.Kannammal ... Petitioner
vs.
1.The Director of Municipal Administration,
Chepauk, Chennai-5.
2.The Commissioner,
Thenkasi Municipality. ... Respondents
Writ Petition, having been transferred from the file of the
Tamil Nadu Administrative Tribunal, Chennai in O.A.No.4195 of 2002,
is filed to direct the respondents to promote the petitioner to the
post of Junior Assistant from the date of her initial appointment.
For Petitioner : Mr.S.Ilamvaludhi
For Respondents : Mr.G.R.M.Muthukumar, GA (R1)
Mr.V.Subbiah. SGP (R2)
O R D E R
The issue involved herein is relating to fixation of seniority of the petitioner from the date of her original appointment and to consider her for promotion to the next post, by taking into consideration such seniority.
2.The learned counsel for the petitioner has drawn the attention of this court to the order of the Tamil Nadu Administrative Tribunal, Chennai dated 14.5.1993 made in O.A.No.3293/1992, wherein, the services of the petitioner therein by name V.Radhakrishnan in the category of Bill Collector were directed to be regularised with effect from the date of his appointment.
3.The petitioner already made a representation dated 18.6.2001 to the first respondent/Director of Municipal Administration, in this
regard. The petitioner, in support of her claim, also referred to the cases of one K.M.Mohammed Ali Jinnah and Chandrasekaran, who were promoted as Bill Collector and Junior Assistant respectively.
4.In view of the above stated position, this court deems it suffice to direct the first respondent to consider the petitioner's representation dated 18.6.2001 on merits and in accordance with law and also in the light of the order dated 14.5.1993 made in O.A.No.3293 of 1992 filed by V.Radhakrishnan and the cases of K.M.Mohammed Ali Jinnah and Chandrasekaran as referred to in her representation and pass appropriate orders within four weeks from the date of receipt of the copy of the representation. For the said purpose, the petitioner is directed to submit the copy of her representation dated 18.6.2001 afresh along with the copies of the order made in O.A.No.3293 of 1992 passed by the Tamil Nadu Administrative Tribunal and promotion given to two persons referred to in her representation, to the first respondent within two weeks from the date of receipt of the copy of this order.
5.With the above directions, the writ petition is disposed of.
No costs.
-s/d-
Assistant Registrar(CSIV)
Dated:26/3/2014
True Copy
Sub-Assistant Registrar
rk
To
1.The Director of Municipal Administration,
Chepauk, Chennai-5.
2.The Commissioner,
Thenkasi Municipality.
+1 cc to Mr.S.Ilamvaludhi Advocate sr.10831
+1 cc to the Government Pleader sr.11334
Writ Petition No.7495 of 2007(T)
aa26/3/2014
1 issue framed by the court
Whether the petitioner is entitled to fixation of seniority from the date of original appointment for promotion to the post of Junior Assistant?
S. Kannammal
Commissioner, Thenkasi Municipality
K.B.K. Vasuki
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
