IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P. NOs.33803 and 33810 of 2006(T) (OA No.9711 and 9710 of 1998) 1.R.Chinnappa, Asst. Training Officer,, Govt. Industrial Training Institute, North Madras, Chennai - 21 .. Petitioner in W.P.33803/06/ Applicant 2.P.Sambooranam Office Manager Govt. Industrial Training Institute, North Madras, Chennai – 21 .. Petitioner in W.P.33810/06/ Applicant Vs. 1. The State of Tamilnadu, rep. by its Secretary Labour & Employment, Chennai – 9. 2. The Director, Employment & Training, Chennai – 5. 3. The Secretary of Adi-Dravida Welfare Department, Chennai – 9. 4. The Nodal Officer, for SC/ST. Grievance Cell, Directorate of Employment & Training, Chennai – 5. .. Respondents in both W.Ps./ Respondents PRAYER in W.P.No.33803 : Original Application No.9711 of 1998 were filed before the Tamil Nadu Administrative Tribunal, to call https://hcservices.ecourts.gov.in/hcservices/ for the records in relation to G.O.No.44 dt. 20.5.98 and the Constitutional Mandate 1997 S.C.C. Vol.IX page 199 and also issue direction to the second respondent not to fill up any further vacancy either directly or by promotion pending unless backlog vacancies from Assistant Training Officers to Training Officers are complied according to G.O.No.44 dt. 20.5.98 and also prays that the petitioner may be promoted forthwith as Training Officer. PRAYER in W.P.No.33810 of 2006: Original Application No.9710 of 1998 were filed before the Tamil Nadu Administrative Tribunal, to call for the records in relation to G.O.No.44 dt. 20.5.98 and the constitutional Mandate 1997 S.C.C.Vol IX page 1999 adn also issued direction to the 2nd respondent not to fill up any further vacancy either directly or by promotion pending compliance of G.O.No.44 dt. 20.5.98 and also prays that the petitioner may be promoted forthwith as Administrative Officer and she may be placed as the first candidate in the list of name. Since the Tamil Nadu Administrative Tribunal was abolished, both the O.A. was received by transfer and numbered as Writ Petitions. For Petitioners : No Appearance in both W.Ps. For Respondents : Mr.S.Shivashanmugam, in both W.Ps. Government Advocate. C O M M O N O R D E R Both the petitioners fall under the category of Scheduled Caste. They are working in the Government Industrial Training Institute, Chennai. They joined as Junior Assistant and have been promoted as Assistant. They claim certain relief by way of promotion based on G.O.Ms.No.44 dated 20.5.1998. At the time of filing the original application in the year 1998, petitioner in O.A.No.9710/98 Sambooranam was 54 years old and petitioner in O.A.No.9711/98 Chinnappa was 53 years old. At the time of admission of the original application, the tribunal passed the following order:- "In the mean while, respondents are directed to fill up the promotion post applying G.O.Ms.No.44, dated 20.5.1998. Respondents are also directed to consider the claim of the applicant as per Rules and in the light of G.O.Ms.No.44 dated 20.5.1998." https://hcservices.ecourts.gov.in/hcservices/ 2.When the matter is listed for final hearing, there is no representation on behalf of the petitioner. The learned Government Advocate appearing for the respondents is not able to state as to whether the relief sought for by the petitioners have already been granted. 3.In any event, if the petitioners have a grievances as on today, they are entitled to make a representation to the Government for redressal of the grievances. 4.Since, the petitioners have not chosen to appear before this Court today and in view of the direction issued by the tribunal, if the relief sought for by the petitioner has not been granted so far, the petitioners are entitled to make a representation to the competent authority or the Government as the case may be and such representation if made, shall be considered and disposed of on merits within a reasonable period of time preferably within three months from the date of such representation. These writ petitions are disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vsm To 1. The Secretary to Government, State of Tamilnadu, Labour & Employment, Chennai – 9. 2. The Director, Employment & Training, Chennai – 5. https://hcservices.ecourts.gov.in/hcservices/ 3. The Secretary of Adi-Dravida Welfare Department, Chennai – 9. 4. The Nodal Officer, for SC/ST. Grievance Cell, Directorate of Employment & Training, Chennai – 5. +1cc to Govt. Pleader Sr 7334 VSV(CO) km/26.2. W.P. NOs.33803 and 33810 of 2006 https://hcservices.ecourts.gov.in/hcservices/