IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 16.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.38550 of 2006 Sadanandam ... Applicant -Vs.- 1.The Director of Municipal Administration, Chepauk, Chennai-5. 2.The Commissioner, Nagerkoil Municipality, Nagerkoil. ... Respondents Original Application No.6022 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to direct the respondents to consider the claim of the applicant for promotion to the post of Bill Collector in the second respondent Municipality and promote him as Bill Collector by transfer of service and grant him all consequential service and monetary benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.K.Venkatramani, Senior Counsel for Mr.M.Muthappan. For respondent : Mr.S.Sivashanmugam Government Advocate. ----- O R D E R Original Application No.6022 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to direct the respondents to consider the claim of the applicant for promotion to the post of Bill Collector in the second respondent Municipality and promote him as Bill Collector by transfer of service and grant him all consequential service and monetary benefits. Since the Tamil https://hcservices.ecourts.gov.in/hcservices/ Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. Petitioner states that he was sponsored through Employment Exchange and was appointed on 16.4.1990. He successfully completed his period of probation and was regularised as Office Assistant on 5.7.1993. Petitioner put in more than nine years of service at the relevant point of time. The next avenue of promotion is to the post of Bill Collector. The petitioner also states that he possessed requisite qualification, viz., passed S.S.L.C. In spite of put in sufficient number of years of service and satisfied the necessary requirement for promotion to the post of Bill Collector, the claim for promotion was not considered, even though there was sufficient vacancy in the post of Bill Collector. The grievance of the petitioner was not addressed by the authority. Therefore, Original Application was filed in the year 1999. 3. At the time of admission along with another Original Application/Writ Petition, there is an interim direction as follows:- "Admit. Notice returnable by two weeks. Private notice permitted. 2. In these cases it is stated that there are three vacancies at present and one more vacancy is to arise from 1.11.1999. The second respondent is directed to keep the vacancy that is to arise on 1.11.1999 as vacant. If any appointment is made during the pendency of these Original Applications, it will be subject to the order to be passed in these Original Applications. In the appointment order, it should be made clear, that the appointments are subject to the result of these Original Applications and they will be terminated for accommodating the applicants, in case of their success in these Original Applications." 4. Heard Mr.S.Sivashanmugam, learned Government Advocate appearing for the respondents, who stated that the petitioner may be directed to give representation for promotion to the post of Bill Collector giving details with regard to the period of service and the qualification and the respondents may be directed to dispose off the same taking into consideration of the period of service and the qualification acquired on the relevant date. 5. In view of the above, the petitioner is directed to make a representation within a month from the date of receipt of a copy of this order to the respondents and the authority keeping in mind the interim direction given by the Tribunal to keep vacancy for https://hcservices.ecourts.gov.in/hcservices/ addressing the grievance of the petitioner shall dispose off the same on merits and in accordance with law within two months thereafter. The Writ Petition is disposed off accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Director of Municipal Administration, Chepauk, Chennai-5. 2.The Commissioner, Nagerkoil Municipality, Nagerkoil. + 1 CC to the Government Pleader SR NO 10957 W.P.No.38550 of 2006 RV(CO) sra 08/03/2010 https://hcservices.ecourts.gov.in/hcservices/