The prayer in the writ petition is for a Writ Certiorarified Mandamus, calling for the records of the 1st respondent order in R.No.65763/E2/S2/09-2 dated 22.09.2009 and the subsequent promotion order of the respondents 3 to 5 passed by the 1st respondent in order No. RNo.65763/E2/S2/09-9, R.No.65763/E2/S2/09-10 and R.No.65763/E2/S2/09-11 all dated 04.10.2009 and to quash the same and consequently direct the 1st respondent to promote the petitioner in the post of Entomological Assistant with seniority and to accord all attendant and monetary benefits to the petitioner.
2.Heard both sides.
3.The learned counsel for the petitioner submits that though the petitioner has come out with the present Writ Petition, challenging the impugned order passed by the first respondent vide proceedings in R.No.65763/E2/S2/09-2, dated 22.09.2009, if the petitioner is permitted to file appeal before the State Government, he would be satisfied.
4.Heard Mr.G.Muthukannan, learned Government Advocate on the said submissions.
5.Though the petitioner is questioning the veracity of the impugned order passed by the first respondent, now the learned counsel for the petitioner submitted that the petitioner would be satisfied, if the petitioner is permitted to prefer appeal against the said order as statutory appeal is permissible, as has been mentioned in the very impugned order itself.
6.Considering the very submissions made by the learned counsel appearing for the petitioner and after hearing the learned Government Advocate appearing for the respondents 1 and 2, this Court is of the view that though an opportunity was given to the petitioner to prefer appeal within two months from the date of receipt of a copy of the impugned order, the petitioner has rushed to this Court with the present Writ Petition and for all these years, this Writ Petition is pending before this Court and therefore, that will not preclude the right of the petitioner to prefer appeal, if he is advised to do so.
7.Considering the facts and circumstances of the case and in view of the submissions made by the learned counsel appearing for the petitioner, this Court is inclined to pass the following order in this Writ Petition:
(i) The petitioner shall be at liberty to file appeal against the impugned order dated 22.09.2009, as has been indicated in the very impugned order to the Government, within a period of four weeks from the date of receipt of a copy of this order.
(ii) On such appeal being filed, the State Government shall decide the same on merits and in accordance with law within a period of three months from receipt of such appeal from the petitioner.
(iii) It is needless to state that before the said appeal to be filed by the petitioner is decided on merits, if the appellate authority feels that an opportunity of being heard be given to the petitioner and others who would be likely to be affected, that opportunity shall be given to them and thereafter final orders shall be passed.
8.This Writ Petition is disposed accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Director of Public Health and Preventive Medicine, Chennai ? 6.
2.The Deputy Director of Health Services, Tirunelveli..