R.Moorthy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2022

CORAM:

THE HON'BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD 1.R.Moorthy 2.K.Anantha Varadhan 3.M.Alamelu

...Petitioners

-Vs1.The Secretary to Government, Commercial Tax Department, Fort St. George, Chennai - 9.

2.The Commissioner of Commercial Taxes, Chepauk, Chennai - 5.

3.The Joint Commissioner of Commercial Tax, Chennai South Division, Chennai - 6.

...Respondents

Prayer: Writ Petition filed under Section 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus to direct the respondents to re-fix the seniority of all the petitioners in the cadre of Assistant, based on the combined inter-se-seniority list in the cadre of 1/4

Junior Assistant/ Typist/ Steno-Typist as per Rule 35(a) of the Tamil Nadu State and Subordinate Service Rules and consequently promote all the petitioners to the post of Assistant and Assistant Commercial Tax Officer retrospectively with effect from the date on which their juniors in the combined seniority list was promoted with all monetary and consequential service benefits within a stipulated period and pass further orders. For Petitioners : Ms.Swadhi Subramaniam For R1 to R3 : Mrs.K.Vasantha Mala Government Advocate for Tax

ORDER

This Writ Petition has been filed to direct the respondents to re-fix the seniority of all the petitioners in the cadre of Assistant, based on the combined inter-se-seniority list in the cadre of Junior Assistant/ Typist/ Steno-Typist as per Rule 35(a) of the Tamil Nadu State and Subordinate Service Rules and consequently promote all the petitioners to the post of Assistant and Assistant Commercial Tax Officer retrospectively with effect from the date on which their juniors in the combined seniority list was promoted with all monetary and consequential service benefits within a stipulated period.

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2.

The learned counsel appearing for the petitioners would submit that the prayer sought for in this writ petition has become infructuous and she has also made an endorsement to that effect in the case bundle. 3.

In view of the submission made by the learned counsel appearing for the petitioners this Writ Petition is dismissed as infructuous. No costs.

13.07.2022 Internet: Yes Index : Yes/No Speaking/Non Speaking order cda 3/4

J.SATHYA NARAYANA PRASAD, J.

cda To 1.The Secretary to Government, Commercial Tax Department, Fort St. George, Chennai - 9.

2.The Commissioner of Commercial Taxes, Chepauk, Chennai - 5.

3.The Joint Commissioner of Commercial Tax, Chennai South Division, Chennai - 6.

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