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Judgment
M. Venugopal, J.—The Petitioner has filed the present Writ Petition seeking the relief of Writ of Mandamus in directing the Respondents to consider and pass appropriate orders on the representation of the Petitioner dated 22.11.2007 to accord selection grade to him on the expiry of his 10th year service and further to accord him to special grade on the expire of 20th year of his service respectively, within a period to be determined by this Court.
The Petitioner has undergone training in silk training school during the year 1981. He has been appointed as Sericulture Demonstrator in the year 1982. He has passed his S.S.L.C. Also he has undergone six months training at Hosur Training School. The lowest cadre of post in the department is Sericulture Operative and the prescribed qualification for it is 5th standard. The next cadre to that post is Sericulture Demonstrator and 8th standard is the requisite qualification. The next post is Junior Inspector of Sericulture, for which the educational qualification required is a pass in old S.S.L.C. with six months training in Hosur Training College. He has been appointed initially in the post of Sericulture Demonstrator in spite of his educational qualification and six months training (though eligible to be appointed as Junior Sericulture Inspector).
The post of Sericulture Operative has been abolished during the year 1981. Hence the Petitioner has been appointed to the next higher post of Sericulture Demonstrator. The Sericulture Demonstrator post has also been abolished during the year 1986 with retrospective effect from 01.10.1984. The Petitioner has been appointed as Junior Inspector of Sericulture with effect from 01.10.1984. His date of appointment is on 28.08.1982. Hence he has entitled to be accorded the selection grade on 28.08.1982. However he has been upgraded to the selection grade only during the year 1984, on 12th year of his service, instead of 10th year of service.
The specific plea of the learned Counsel for the Petitioner is that the Petitioner on completion of 10th year of service i.e. on 28.08.1982 must be accorded special grade and further he has been upgraded to special grade only during the year 2004 after a gap of two years and this has resulted in affecting the Petitioner''s seniority, promotion and other monitory benefits.
The learned Counsel for the Petitioner contends that the Petitioner has submitted his representation dated 22.11.2007 to the first Respondent/Secretary, Handloom Textile and Khadi Department, Secretariat, Fort St. George, Chennai-9, stating out his grievance. But the same has not met with any response whatsoever from the concerned. As such, the Petitioner has preferred to project this Writ Petition before this Court praying for issuance of a direction by this Court in directing the Respondents to consider the representation of the Petitioner dated 22.11.2007 and to pass appropriate order thereto in the manner known to law and in accordance with law.
In view of the fact that the Petitioner''s prayer in the Writ Petition is only to the effect of his representation dated 22.11.2007 is to be considered by the first Respondent and since the Petitioner''s representation dated 22.11.2007 has not met with any positive reaction from the first Respondent, this Court on the basis of Fair play, Equity, Good conscience and even as a matter of prudence, directs the first Respondent/ Secretary, Handloom Textile and Khadi Department, Secretariat, Fort St. George, Chennai-9, to consider the Petitioner''s representation dated 22.11.2007 within a period of three weeks from the date of receipt of a copy of this order and the first Respondent is to look into the representation and is directed to pass a dispassionate order on merits, uninfluenced and untrammeled by any of the observations made by this Court in the Writ Petition.
With the aforesaid direction, the writ petition is disposed of. However, there shall be no order as to costs.