V.G. Ramesh Kumar vs The Commissioner of Labour and The Inspector of Labour

M. Jaichandren, J.—This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner''s

name in the panel for promotion to Inspector of Labour, without prejudice to the O.A. No. 2983 of 2002 pending in Tamil Nadu Administrative

Tribunal.

It is the case of the petitioner that he is an Engineering Graduate and was working as Stamping Inspector, Tiruvallur. In the course of discharge

of his duties he has to verify weights and measures and stamp the same. The petitioner while he was returning to his headquarters at Tiruvallur, after

completion of his work in Avadi, by Electric Train, he had lost his suitcase containing cast iron punches and cash chest key along with his personal

belongings. The petitioner had lodged a complaint about the loss with the Railway Police. However, the petitioner was served with a charge memo

by the second respondent under Rule 17(b) of Tamil Nadu Civil Service (Classification, Control and Appeal) Rules for the loss of punches and

other cast iron needle and cash chest key. After an enquiry was held, the petitioner was punished with stoppage of increment without cumulative

effect for one year, by an order of the first respondent F1/83693/2000, dated 30.4.2002. Aggrieved by the said order of the first respondent, the

petitioner had filed O.A. No. 2983 of 2002 before the Tamil Nadu Administrative Tribunal, Chennai. By an interim order, dated 10.6.2002, the

Tribunal had stayed the impugned order and extended the stay by an order, dated 28.6.2002. Inspite of several representations by the petitioner,

the first respondent had informed that the petitioner''s name cannot be considered for promotion till the disposal of O.A. No. 2983 of 2002, as per

the Government letter No. 90586/94-2(s) P & AR Department. Therefore, the petitioner has come by way of the present writ petition before this

Court.

Heard the petitioner(party-in-person) and the learned Government Advocate appearing for the respondents.

The petitioner states that a fresh panel is being prepared for promotion as Deputy Inspector of Labour, which is in the process, and promotion

would be given immediately, thereafter. In such circumstances, the petitioner requests that his name may also be considered to be included in the

said panel pending final orders in O.A. No. 2983 of 2002 which after being transferred to this Court from the Tamil Nadu Administrative Tribunal,

Chennai, has not been taken up for final hearing.

At the time of hearing, the petitioner states that it would suffice if his name is considered for promotion to the post of Deputy Inspector of

Labour if so eligible. Based on the submission, the first respondent is directed to consider the request of the petitioner that his name be included in

the panel for promotion as Deputy Inspector of Labour, on merits and in accordance with law and pass appropriate orders within a period of eight

weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.