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M. Siva v/s The Secretary to Government, Personnel & Administrative Reforms Department, Secretariat, Chennai & Another

    W.P. No. 26982 of 2017

    Decided On, 21 July 2022

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: S.N. Ravichandran, Advocate. For the Respondents: G. Ameedius, Government Advocate.



Judgment Text

(Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the Appeal Petition submitted by the Petitioner on 01.09.2010 through the Second Respondent and subsequently reminded on various dates lastly on 25.09.2017 to consider his name in the panel of Section Officers fit for promotion as Under Secretary to Government prepared for the year 2010-11 as on the crucial date on 01.09.2009 published in G.O. (D). No. 135, P & AR Department dated 28.08.2010, in the light of the orders passed by this Court in W.A. No. 1372 of 2013 dated 12.07.2013, which was also upheld by the Hon’ble Supreme Court by dismissing the Appeal filed by the First Respondent in SLP. NO. 14718 of 2014 dated 12.09.2014 within a reasonable period as may be fixed by this Court.)

Heard Mr. S.N.Ravichandran, Learned Counsel for the Petitioner and Mr. G.Ameedius, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The Writ Petition has been filed for directing the First Respondent to consider the appeal dated 01.09.2010 submitted by the Petitioner through the Second Respondent to consider his name in the panel of Section Officers fit for promotion as Under Secretary to Government prepared for the year 2010-2011 as on the crucial date on 01.09.2009 published in G.O. (D). No. 135, P & AR Department dated 28.08.2010 issued by the Government of Tamil Nadu, in the light of the orders dated 12.07.2013 in W.A. No. 1372 of 2013 passed by the Division Bench of this Court, which was also upheld by the Hon’ble Supreme Court by dismissing the appeal filed by the First Respondent by order dated 12.09.2014 in S.L.P. No. 14718 of 2014 within a reasonable period that may be fixed by the Court.

3. Learned Government Advocate appearing for the Respondents, on instructions, states that the appeal dated 01.09.2010 said to have been preferred by the Petitioner does not appear to have been received by the First Respondent and no proof has also been produced by the Petitioner for the same. In such circumstances, the First Respondent had required the Petitioner to appear at 11.00 a.m. on 18.07.2022 to submit the copy of the said appeal along with the relevant documents and on its receipt, the matter is now examined by the concerned authorities for taking further action in that regard.

4. In such circumstances, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:-

(i) the concerned authority shall immediately consider the appeal filed by the Petitioner;

(ii) if it is found that any details or supporting documents satisfying the eligibility criteria for the benefits claimed had not been produced, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 clear working days;

(iii) in the event of the concerned authority not being satisfied with the compliance of the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard and the concerned authority shall pass reasoned orders dealing with each of the

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contentions raised on merits and in accordance with law and communicate the decision taken to the concerned parties under written acknowledgment; and (iv) the concerned authority shall file a report of compliance in that regard by 31.10.2022 before the Registrar (Judicial) of this Court. In fine, the Writ Petition is disposed on the aforesaid terms. No costs.
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