The court directed the administrative authority to consider a government employee's representation for promotion on its merits and in accordance with the law after the conclusion of disciplinary proceedings.

Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, directing the 3rd respondent to consider the petitioner’s representations dated 18.07.2024 and 07.11.2024, pursuant to the letter of the 2nd respondent in L.Dis.No.78306/N3/2024, dated 28.09.2024, for promoting the petitioner in the promotion panel year of 2024-2025.

For Petitioner(s): M/s.A.ILAYAPERUMAL

For Respondent(s): Mr.K.Tippusulthan

Government Advocate

ORDER

This Writ Petition has been filed seeking to direct the 3rd respondent to consider the petitioner’s representations dated 18.07.2024 and 07.11.2024, pursuant to the letter of the 2nd respondent in L.Dis.No.78306/N3/2024, dated 28.09.2024, for promoting the petitioner in the promotion panel for the year 2024-2025.

2. Mr.K.Tippusulthan, learned Government Advocate, takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner joined as a Nurse in the fourth respondent Hospital on 06.12.1998. The next promotional post is that of Nursing Superintendent Grade-II. However, pending disciplinary proceedings, the petitioner was not promoted to the said post. While so, the fourth respondent issued a charge memo dated 13.07.2022, for her absence before the Medical Board. Pursuant to thereto, the petitioner submitted her explanation before the second respondent. However, the second respondent vide order dated 13.07.2023, imposed a punishment of withholding of increment for a period of three months, without cumulative effect. Thereafter, the petitioner made several representations before the respondents from time to time, seeking inclusion of her name in the panel for promotion, the latest representation being dated 07.11.2024. However, the same has not been considered till date. Therefore, the petitioner has preferred the present Writ Petition.

4. Learned Counsel appearing for the petitioner submitted that the first respondent forwarded the representation of the petitioner dated 12.09.2024 to the second respondent, who, in turn, forwarded the same to the third respondent, vide Letter in L.Dis.No.78306/N3/2024, dated 28.09.2024, requesting consideration of the petitioner’s claim for promotion to the post of Nursing Superintendent Grade-II. The grievance of the petitioner is that the third respondent, despite receipt of the petitioner’s representation dated 12.09.2024 and the subsequent representations made from time to time, has not considered the same till date. Therefore, the learned counsel submits that it would suffice, if this Court issues a direction to the third respondent to consider the latest representation of the petitioner dated 07.11.2024 and pass appropriate orders on the same within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned counsel appearing for the respondent.

6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner’s representation dated 07.11.2024 on merits and pass appropriate orders on the same in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any other interested parties.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.