1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5839 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 K.Ponnu @ Ponnupandi, Gang Mazdoor, Highways Department, Sivakasi Sub-Division, Virudhunagar District. : Petitioner Vs. 1.The Deputy Secretary to Government, Highways & Minor Ports (HK3) Department, Secretariat, Chennai-9. 2.The Divisional Engineer (Highways), Construction & Maintenance, Virudhunagar District. 3.The Superintending Engineer (Highways), Construction & Maintenance, Palayamkottai, Tirunelveli-2. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the second respondent to consider the petitioner for promotion to the post of Driver by recruitment by transfer in the light of Rule 32 of the Tamil Nadu Highways Engineering Subordinate Service Rules by considering the petitioner's qualification and seniority. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.B.Pugalendhi Special Government Pleader ORDER Mr.B.Pugalendhi, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the second respondent to consider https://hcservices.ecourts.gov.in/hcservices/ 2 him for promotion to the post of Driver by recruitment by transfer, in the light of Rule 32 of the Tamil Nadu Highways Engineering Subordinate Service Rules, by considering his qualification and seniority. 4. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the petitioner to send a copy of the representation dated 22.09.2010 to the second respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider and dispose of the same on merits and in accordance with law, within a period of six weeks thereafter. 5. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Deputy Secretary to Government, Highways & Minor Ports (HK3) Department, Secretariat, Chennai-9. 2.The Divisional Engineer (Highways), Construction & Maintenance, Virudhunagar District. 3.The Superintending Engineer (Highways), Construction & Maintenance, Palayamkottai, Tirunelveli-2. +1cc to Mr.M.Ajmal Khan, Advocate SR.No.17492 +1cc to The Special Government Pleader, SR.No.17463 SML akm/09.06.11 /2p-6c/ Order made in W.P.(MD)No.5839 of 2011 https://hcservices.ecourts.gov.in/hcservices/