1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:02.12.2011 Coram THE HON'BLE MR.JUSTICE T.RAJA Writ Petition (MD)No.13834 of 2011 M.Devendran :Petitioner -Vs- 1.The Director, TamilNadu Motor Vehicles, Maintenance Department, Velacheri, Chennai-42. 2.The Automobile Engineer, Government Automobile Workshop, Virudhunagar. :Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus to call for the records relating to the impugned order of the first respondent bearing Se.Mu.Or.No.A4/6463/2011 dated 04.10.2011 issued by the 1st respondent insofar as it relates to the rejection of the petitioner's name for inclusion in the panel for promotion as Foreman and quash the same and consequently direct the respondents to include the name of the petitioner in the panel for promotion as Foreman. For petitioner:Mr.A.Rajaram For respondent:Mr.T.R.Janarthanan Additional Govt. Pleader ORDER The petitioner was issued with a notice dated 04.10.2011, calling upon him to submit an explanation within 14 days about the seniority list. 2.The learned counsel for the petitioner submits that the petitioner was appointed as an Assistant in the respondent department on 28.10.1983. Subsequently, he was promoted as Time Keeper on 07.10.1989. The learned counsel for the petitioner further submits that the petitioner was again promoted as Assistant Store Keeper on 28.10.1992. In the meanwhile, the first respondent has drawn a list of panel of Foreman for promotion to the post of Foreman. In the said list of panel, the petitioner's name was not shown, since a charge under Rule 17(b) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules was pending against the petitioner for an allegation that he has caused loss to the Government due to dereliction of duty. Challenging the charge memo issued by the respondent, the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner filed a writ petition in W.P.No.9440 of 2010. Subsequently, at the instigation of the respondents, it was withdrawn by the petitioner. Thereafter, he filed another writ petition in W.P.No.9042 of 2010. After dismissal of the said writ petition, he filed a writ appeal in W.A.(md).No.541 of 2010 and obtained an order of stay in M.P.(md).No.1 of 2010 against the charge memo containing two charges relating to the period 2005 to 2009. In the meanwhile, the respondent has issued the impugned seniority list dated 04.10.2011. In the proposed panel, the name of the petitioner has not been shown. However, the said proceeding also informs that the affected persons may file a representation within 15 days from the date of the communication. The petitioner has not submitted any explanation. But instead of giving a representation to the first respondent requesting the respondents to include his name, by rectifying the mistake, he has rushed to this Court by way of filing this writ petition. In fact, direction or order can be issued only when a petitioner's petition was not considered due to inaction in considering the same by the respondent, but in this case, no representation was filed, before the respondents to consider his request, hence there is no inaction found against the respondents. 3.Therefore, this Court, considering that when there was an instruction to all the affected persons to give their representations to the proposed panel, the petitioner without giving his representation, cannot rush to this Court to file writ under Article 226 of the Constitution. However, it is left open to the petitioner to give his representation to the respondent to include his name. 4.With this observation, this writ petition is dismissed. Consequently, connected M.P.(md).No.1 of 2011 is also dismissed. There shall be no order as to costs. Sd/- Assistant Registrar (Records) / TRUE COPY / Sub Assistant Registrar To: 1.The Director, TamilNadu Motor Vehicles, Maintenance Department, Velacheri, Chennai-42. 2.The Automobile Engineer, Government Automobile Workshop, Virudhunagar. +1CC to The Special Government Pleader. SR.No.42683. Vs W.P.(md).NO.13834 of 2011 RP/14.12.2011/2P/4C. 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/