IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.01.2010 CORAM: THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.23840 of 2009 S. Kumaresan ... Petitioner Vs. 1. The Secretary to Government Municipal Administration & Water Supply Department Fort. St. George, Chennai – 9. 2. The Director of Town Panchayats Kuralagam, Chennai – 108. .... Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to consider the petitioner's representation dated 24.08.2009 for conferring the post of Junior Assistant/Bill Collector with due regards to the petitioner's seniority within a time frame. For Petitioner : M/s. A. Baskaran For Respondents : Mr. P. Subramani For R1 & R2. ORDER The prayer in the writ petition is for issuance of a writ of mandamus, directing the first respondent to consider the petitioner's representation dated 24.08.2009 for conferring the post of Junior Assistant/Bill Collector with due regards to his seniority. https://hcservices.ecourts.gov.in/hcservices/ 2. According to the petitioner, he was appointed as Lineman in the Aduthurai Town Panchayat by order dated 03.09.1990. The petitioner has been working in the same post for more than 18 years and has submitted various representations to consider him for the promotional post of Junior Assistant/Bill Collector. Under G.O.Ms. No.150, Municipal Administration and Water Supply Department dated 19.08.1998 it states that in respect of the vacancies which arise in Town Panchayat for the post of Junior Assistant, Bill Collector etc., 20% of such vacancies could be filed up from the employees who are working in the lower cadres such as Record Clerk, Office Assistant etc. 3. However, the case of the petitioner is that since the salary drawn by the petitioner is lesser than the Junior Assistant/Bill Collector he is eligible to be considered for the post of Junior Assistant. According to the said Government order, list of eligible candidates was prepared at the instance of the respondents and the name of the petitioner is found in serial no.12 of the said list dated 24.05.2001 and in the audit statement it has been mentioned that the petitioner is eligible for appointment. 4. Subsequently, by Government Order dated 21.02.2002 a clarification was issued stating that the benefit of the G.O.Ms. No.150, Municipal Administration and Water Supply Department, dated 19.08.1998 shall not be extended to the category of Fitter and Electrician as they belong to technical field assistant post and they are not considered as lower grade post. Thereafter, the petitioner has made a representation dated 28.04.2009. The said representation was rejected by relying upon the clarification dated 21.02.2002. It is thereafter, the petitioner made another representation to the first respondent on 24.08.2009 stating that he is entitled to the benefit of G.O.Ms. No.150 Municipal Administration and Water Supply Department dated 19.08.1998, inasmuch as he is only a Lineman and the category of the said post is carrying lesser pay scale than the post of Junior Assistant/Bill collector. The grievance of the petitioner is that though the representation was made on 24.08.2009, till date the same has not been considered by the first respondent. 5. Taking note of the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader and after considering the averments in the affidavit there will be direction to the first respondent to consider the petitioners representation dated 24.08.2009 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The petitioner is also directed to enclose a copy of the representation dated 24.08.2009 along with the copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 6. With the above observations the writ petition is disposed of. No Costs. prm Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Secretary to Government Municipal Administration & Water Supply Department Fort. St. George, Chennai – 9. 2. The Director of Town Panchayats Kuralagam, Chennai – 108. + 1 cc to A. Baskaran, Advocate SR No.2390 + 1 cc to Government Pleader, SR No.2666 NSM(CO) SR/28.1.2010 W.P.No.23840 of 2009 https://hcservices.ecourts.gov.in/hcservices/