Madras High Court
D.Ganesan vs The Chief Engineer on 13 March, 2013
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.3.2013
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.4238 of 2011
D.GANESAN [ PETITIONER ]
153 KAMARAJAR STREET, SETHOORPURAM,
KATTUPAKKAM, CHENNAI-56.
Vs
1 THE CHIEF ENGINEER
AGRICULTURE ENGINEERING DEPARTMENT
328, ANNA SALAI, NANDANAM
CHENNAI-35.
2 ASSISTANT EXECUTIVE ENGINEER (AE)
AGRICULTURE ENGINEERING DEPARTMENT
328, ANNA SALAI, NANDANAM
CHENNAI-35. [ RESPONDENTS ]
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to grant Selection Grade and Special Grade in the post of Welder Grade-I to the petitioner herein from the date he became eligible for the same and to pay consequential monetary benefit arising there from within a time frame.
For petitioner : Mr.K.M.Ramesh
For respondents : Mr.S.Gunasekaran
Government Advocate
O R D E R
Heard the learned counsels appearing for the parties concerned.
2. It has been stated that the petitioner had been appointed, as a Welder Grade I, in the Agriculture Engineering Department, on 5.5.1984. The service of the petitioner had been regularised from 19.12.1985. The petitioner had completed more than 20 years of service and therefore, he should be granted selection grade and special grade and the consequential monetary benefits due to him.
3. The learned counsel appearing for the petitioner had submitted that, when the petitioner had been reverted from Welder Grade I to Welder Grade II, the petitioner had challenged the same. This Court, by its order, dated 3.12.2007, made in W.P.No.25940 of 2006, had set aside the order reverting the petitioner from Welder Grade I to Welder Grade II. The writ appeal in W.A.No.2698 of 2012, filed by the Department challenging the order of the learned single Judge, dated 3.12.2007, had also been dismissed, by an order passed by the Division Bench of this Court, dated 29.11.2012. As such, the petitioner had continued as a Welder Grade I for a period of more than 20 years and therefore, he should be granted the selection grade and the special grade and the consequential monetary benefits thereon. In such circumstances, the petitioner had submitted several representations to the second respondent to grant selection grade and special grade and the consequential monetary benefits thereon. However, there has been no response from the second respondent, till date. In such circumstances, the learned counsel appearing for the petitioner had submitted that it would suffice, if this Court is pleased to direct the second respondent to consider the representation of the petitioner, dated 28.10.2010, in view of the order passed by this Court, dated 3.12.2007, in W.P.No.25940 of 2006 and the Judgment of the Division Bench of this Court, dated 29.11.2012, made in W.A.No.2698 of 2012, and pass appropriate orders thereon, on merits and in accordance with law, within a specified period.
4. The learned counsel appearing on behalf of the respondents has no objection for this Court passing such an order.
5. In view of the above, the second respondent is directed to consider the representation of the petitioner, dated 28.10.2010, and pass appropriate orders thereon, on merits and in accordance with law, taking into consideration the order passed by this Court, dated 3.12.2007, in W.P.No.25940 of 2006 and the Judgment of the Division Bench of this Court, dated 29.11.2012, made in W.A.No.2698 of 2012, within a period of eight weeks from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. No costs.
13.3.2013
INDEX : YES/NO
INTERNET : YES/NO
lan
To:
1 THE CHIEF ENGINEER
AGRICULTURE ENGINEERING DEPARTMENT
328, ANNA SALAI, NANDANAM
CHENNAI-35.
2 ASSISTANT EXECUTIVE ENGINEER (AE)
AGRICULTURE ENGINEERING DEPARTMENT
328, ANNA SALAI, NANDANAM
CHENNAI-35.
M.JAICHANDREN J.,
lan
Writ Petition No.4238 of 2011
13.3.2013