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R. Chandran, Sanitary Inspector, Salem City Municipal Corporation, Salem v/s The Commissioner, Salem City Municipal Corporation, Salem & Others

    W.P.No. 17871 of 2022

    Decided On, 12 July 2022

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR

    For the Petitioner: S.N. Ravichandran, Advocate. For the Respondents: C. Selvaraj, AGP.



Judgment Text

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the representations of the petitioner submitted on 04.03.2019, 07.03.2019 and 18.05.2022, seeking promotion as Sanitary Officer in the existing vacancy, in the light of the provisions under Rule 24(3) of the Tamil Nadu Municipal Corporation Services General Rules, 1996 and based on the orders passed by the Government in G.O.(2D) No.2, MAWS Department, dated 18.01.2006 and in G.O.(2D) No.24, MAWS Department, dated 12.04.2013.)

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 04.03.2019, 07.03.2019 and 18.05.2022, for promotion as Sanitary Officer. 2. It is the case of the petitioner that he was appointed as Health Assistant on 05.07.1989 in the Salem City Municipal Corporation and his next promotion is to the post of Sanitary Officer. On 28.08.2008, the first respondent issued Charge Memo under Rule 8(2) of the Tamil Nadu Municipal Services (Disciplinary and Appeal) Rules, 1970, on the allegations of accumulation of wealth disproportionate to known source of income. Thereafter, citing pendency of Charge Memo, the petitioner has not been promoted.

3. The learned counsel for the petitioner submitted that pendency of the disciplinary proceedings under Rule 8(1) or Rule 8(2) of the Tamil Nadu Municipal Services (Disciplinary and Appeal) Rules, 1970, is not a bar for promotion. The Government have already granted promotion to the employees of the respondent Corporation, who are issued with 8(2) proceedings, by applying the above Rules. Hence, the petitioner made representations dated 04.03.2019, 07.03.2019 and 18.05.2022 seeking promotion as Sanitary Officer. The said representations were not considered and hence, the present Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents submitted that the representations of the petitioner will be considered in accordance with law.

5. Considering the facts of the case and the limited scope of the prayer sought for in the Writ Petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 18.05.2022 and pass appropriate orders on merits and in accordance

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with law, after providing necessary opportunity to the petitioner, as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. 6. With the above directions, the Writ Petition is disposed of. No costs.
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