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2024 DIGILAW 2064 (MAD)

P. Chandrasekaran v. Secretary to the Government, Government of Tamil Nadu, Highways and Minor Ports Department, Chennai

2024-08-22

ABDUL QUDDHOSE

body2024
ORDER : Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 20.12.2017 for extending the benefit of upgrading the post of Road Inspector Grade-II as Road Inspector Grade-I on completion of 5 years of service by including the Non-Provincialised pensionable service for the purpose of upgradation and for moving to the selection grade and special grade by issuing necessary clarification sought for by the 6th respondent in his letter dated Po3/1/10319657/ADK dated 08.11.2017 within a reasonable time as this Court may deem fit. 1. This Writ Petition has been filed seeking for a Mandamus to direct the first respondent to consider the petitioner's representation dated 20.12.2017, for extending the benefit of upgrading the post of Road Inspector Grade-II as Road Inspector Grade-I on completion of five years of service by including non-provincialised pensionary service for the purpose of upgradation and for moving to Selection Grade and Special Grade, by issuing necessary clarification as sought for by the fifth respondent in his letter dated 08.11.2017 within a time frame to be fixed by this Court. 2. The petitioner claims that the prayer sought for in this writ petition is covered by an order dated 12.12.2012 passed in W.P. (MD) Nos.7738 to 7749 of 2008 and the writ appeal filed by the State against the said order in W.A. (MD) Nos. 262 to 273 of 2016 also came to be dismissed, which was also upheld by the Hon'ble Supreme Court in S.L.P. Diary No. 22120 of 2017, filed by the State and the same was dismissed as withdrawn by order of the Hon'ble Supreme Court dated 01.09.2017. According to the petitioner, since the issue raised by the petitioner in his representation referred to supra has attained finality, he is also entitled for a similar benefit. 3. No prejudice would be caused to the respondents if the representation of the petitioner is considered on merits and in accordance with law within a time frame to be fixed by this Court. However, since the representation given by the petitioner is dated 20.12.2017, the petitioner is directed to give a fresh representation to the respondents to enable them to consider the petitioner's representation on merits and in accordance with law within a time frame to be fixed by this Court. 4. However, since the representation given by the petitioner is dated 20.12.2017, the petitioner is directed to give a fresh representation to the respondents to enable them to consider the petitioner's representation on merits and in accordance with law within a time frame to be fixed by this Court. 4. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the first respondent seeking for extending the benefit of upgrading the post of Road Inspector Grade-II as Road Inspector Grade-I on completion of five years of service by including non-provincialised pensionable service for the purpose of upgradation and for moving to the selection grade and special grade by issuing necessary clarification sought for by the sixth respondent in his letter dated 08.11.2017 within a period of two [2] weeks from the date of receipt of a copy of the order. On receipt of the said representation, the first respondent shall pass final orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. 5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.