Mr. R.A.S. Senthilvel, learned Additional Government Pleader takes notice for respondents 1 to 4 and Mr. S. Diwakar, learned Special Government Pleader for the 5th respondent. With the consent of both parties, the writ petition is disposed of, at the stage of admission itself.
2. The petitioner has filed this writ petition seeking for a direction to respondents 1 to 5, to consider the petitioner for promotion in any one of the back log vacancies of Bill Collector and Junior Assistant, reserved for differently abled persons, by considering his representation dated 08.05.2016.
3. According to the petitioner, he is a physically handicapped person and was appointed as a Sweeper on 29.05.2001 by the Executive Officer, Mecheri. On 24.06.2002 he was transferred to the 5th respondent Panchayat. Learned counsel for the petitioner submitted that the petitioner is eligible to hold the promotional posts of Bill Collector and Junior Assistants. Since it has been certified by the District Abled Rehabilitation Officer, Salem that the petitioner suffers 50% loss in ortho, he is entitled to claim promotion under the 3% reservation earmarked to Differently Abled Persons. Identifying backlog vacancies in the department, the 3rd respondent vide his letter dated 24.10.2013 has directed to give promotions to the differently abled persons. The petitioner met with an accident in the year 2014 and so he is unable to do hard work. So, the petitioner submitted representations to the respondents, claiming to consider him for promotion to any one of the back log vacancies of Bill Collector or Junior Assistant, reserved for differently abled persons. Again, on 08.05.2016 the petitioner has preferred a representation to the respondents and the same is pending. Since, no action has been taken by the respondents, the petitioner has filed this petition seeking for the aforesaid prayer.
4. Learned Additional Government Pleader submitted that if the said application submitted by the petitioner is still pending, the respondents will certainly consider the same, in accordance with law, as expeditiously as possible.
5. Heard learned counsel for the petitioner, Special Government Pleader and learned Additional Government Pleader for the respondents and perused the material available on record.
6. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the representation of the petitioner dated 08.05.2016, on merits and in accordance with law, as expeditiously as possibly, preferably within a period of three months from the date of receipt of a copy of this order.
7. The Writ Petition is allowed, on the above terms. No costs.
27.01.2017 Index: Yes/No avr To
1. The Secretary to Municipal Administration & Water Supply Department Fort St. George Chennai 600 009.
2. The Director of Town Panchayats Kuralagam Buildings Chennai 600 018.
3. The Secretary to the Different Abled Rehabilitation Department Fort St. George Chennai 600 009.
4. The Collector Salem District.
5. The Executive Officer Edanganna Salai First Grade Town Pachayat Salem District.
D.KRISHNAKUMAR.J., avr W.P.No.1988 of 2017 27.01.2017 http://www.judis.nic.in