A.Munusamy v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.1142 of 2020 A.Munusamy
...Petitioner
Vs.
1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 9
2. The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
3. The District Collector, Kanchipuram ... Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to pass appropriate orders in the petitioner representation dated 05.01.2017, followed by reminders dated 10.01.019 and 21.11.2019, in the light of the recommendation of the second respondent in his proceedings Letter No.RA.3[1]53426/2012 dated 20.06.2018. For Petitioner : Mr.S.Vijaya Kumar For Respondents : Mr.P.V.Selvakumar Additional Government Pleader
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to pass orders on the representations made by the petitioner and the recommendation that has been made by the 2nd respondent by his proceedings dated 20.06.2018.
2.
The case of the petitioner is that he joined as a Junior Assistant in the Revenue Department in the year 1984. He later became an Assistant in the year 1990 and the Deputy Tahsildar in the year 2006. The petitioner was promoted as a Tahsildar in the year 2009 and thereafter, he became a Deputy Collector in the year 2012. The petitioner attained superannuation on 30.09.2012.
3. The grievance of the petitioner is that his seniority as an Assistant should have been granted in the year 1988 itself and only due to the administrative delay, his name was not included and consequentially, there was a delay at every stage during further promotions. This has also resulted in pay anomaly.
4.The petitioner approached the respondents by giving a representation, seeking for revision of his seniority and for the other attendant benefits.
This representation was considered and the 1st respondent by his proceedings dated 08.02.2016, fixed the seniority of the petitioner in the temporary panel for Deputy Collectors drawn for the year 20052006. 5.
On considering the representation made by the petitioner, the 2nd respondent had also ordered for fixation of pay scale with effect from 04.07.2007, by his proceedings dated 20.06.2018. This letter was forwarded to the 1st respondent in the year 2018 itself and till date, no orders have been passed by the 1st respondent. Aggrieved by the same, the present writ petition has been filed before this Court.
6.
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
7.
Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has already considered the claim made by the petitioner and has forwarded his letter dated 20.06.2018 to the 1st respondent, there shall be a direction to the 1st respondent to pass appropriate orders based on the recommendation made by the 2nd respondent by his proceedings dated 20.06.2018, strictly in accordance with law, within a period of six weeks from the date of receipt of copy of this order. |The petitioner is directed to make a fresh representation to the 1st respondent along with copy of the proceedings of the 2nd respondent dated 20.06.2018 and also a copy of this order.
8.
This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar rka
To
1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 9
2. The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
3. The District Collector, Kanchipuram.
+1cc to Mr.S.Vijayakumar, Advocate, SR.No.4110. +1cc to Government Pleader, SR.No.4762.
W.P.No.1142 of 2020 EV(CO) CSR: 02.03.2020