1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13878 of 2011 and M.P.(MD) No.1 of 2011 C.Andrews Vijayadurai : Petitioner Vs. 1.The Secretary to Government, Tamil Development and Religion Endowment Department, Secretariat, Chennai. 2.The Director, Stationery and Printing Department, 110, Annasalai, Chennai - 2. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 20.10.2011 and pass final orders on the recommendation of the second respondent bearing IEKA No.B1/39128/10 dated 22.01.2011 within a stipulated time that may be prescribed by this Hon'ble Court. For Petitioner : M/s.S.C.Herald Singh For Respondents : Mr.T.R.Janarthanan Additional Government Pleader ORDER ****** The petitioner, C.Andrews Vijayadurai, has filed this Writ Petition for the issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 20.10.2011 and pass final orders on the recommendation of the second respondent bearing IEKA No.B1/39128/10 dated 22.01.2011 within a stipulated time that may be prescribed by this Hon'ble Court. 2. Heard Mr.S.C.Herald Singh, learned Counsel appearing for the petitioner. Mr.T.R.Janarthanan, learned Additional Government Pleader takes notice for the respondents. 3. By consent of both parties, the present writ petition itself is taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that the petitioner, who was appointed as a Junior Binder https://hcservices.ecourts.gov.in/hcservices/ 2 by order dated 26.02.1980 at Government Branch Press, Madurai, under the department of Stationery and Printing with a scale of pay of Rs.295/-, has received the Selection and Special Grades on completion of the requisite number of years of service. Till the year 2007, there was no specific rules or regulations in force specifying the qualification for promotion from the post of Junior Binder to the post of Junior Foreman (Binding), the respondents based on the appointment seniority, have given promotion. However, after 2007, the first respondent issued a Government Order in G.O.Ms.No.471, Tamil Development, Religious Endowments and Information (S&P I-1) Department, dated 29.11.2007, framing ad hoc rules prescribing the educational qualifications from the post of Junior Binder to the post of Junior Foreman (Binding). Since the said rules were introduced on 29.11.2007 with retrospective effect from 1st March, 1978, a number of representations were given not to implement the said amendment with retrospective effect as it would affect the existing incumbent from being promoted to the post of Junior Foreman (Binding). Accepting the representations, the second respondent after preparing a proposal, sent the same to the first respondent. But the proposal received from the second respondent by the first respondent is pending as on today. In the meanwhile, the crucial date for panel to be prepared for the eligible candidates has been fixed as 15th April of every year. The petitioner though having the requisite qualifications and also being senior, if the panel prepared as on 15th April is given effect, the petitioner being Senior would be seriously affected. Therefore, he has also given a representation dated 20.10.2011. However, the only grievance of the petitioner is that the respondents may be directed to consider the pending representation of the petitioner, till such time the representation is considered, if any promotion is made that should be made subject to the implementation of the proposal. 5. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation will be considered and in the meanwhile, if the first respondent accepts the proposal sent by the second respondent, the case of the petitioner also would be considered on the basis of the implementation of the proposal by the first respondent. 6. Recording the above submission, this Court directs the first respondent to consider the petitioner's representation dated 20.10.2011 and pass appropriate orders at the earliest. With the above direction, the present writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary to Government, Tamil Development and Religion Endowment Department, Secretariat, Chennai. 2.The Director, Stationery and Printing Department, 110, Annasalai, Chennai – 2. +One Cc to M/s.S.C.Herold Singh, Advocate, SR.No.42556 srm rl/4c – 7.12.2011 Order made in W.P.(MD).No. 13878 of 2011 Dated:- 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/