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Madras High CourtWP/16815/2011disposed of

S. Raja v. Government Of Tamilnadu

2021-03-17Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2021

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.16815 of 2011 M.P.Nos.1&2 of 2011 S.Raja ...

Petitioner -Vs1.Government of Tamil Nadu rep.by its Secretary to Government, Commercial Taxes and Registration Department Fort St.George, Chennai 600 009.

2.The Inspector General of Registration Santhome High Road, Chennai 600 028.

3.Tmt.R.Shasikala Sub Registrar Grade-I, Office of the Sub-Registrar Manavalan Nagar, Thiruvalur District.

4.V.Velu Chandrasekaran Sub-Registrar Grade I Office of the Sub Registrar Uthiramerur, Chengalpattu.

...

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to include the petitioners name in the temporary panel for promotion to the post of Sub Registrar Grade I for the year 2010-11 and also in the regular panel for promotion to the post of Sub Registrar Grade I for the year 2011-12 at the appropriate place and as per his seniority and to grant him the scale of pay as applicable to the post of Sub Registrar from 27.10.2010 with all consequential benefits and also to give regular promotion to the post of Sub Registrar Grade I with effect from 23.6.2011 from the date on which all his juniors were given promotion with arrears and all other consequential benefits award costs.

For Petitioners :

Ms.Nandhini Hariparanthaman for M/s.R.Krishnasamy For Respondents : Mr.K.Magesh, Special Government Pleader for RR 1 and 2 No appearance - for RR 3 and 4

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to include the petitioners name in the temporary panel for promotion to the post of Sub Registrar Grade I for the year 2010-11 and also in the regular panel for promotion to the post of Sub Registrar Grade I for the year 2011-12 at the appropriate place and as per his seniority and to grant him the scale of pay as applicable to the post of Sub Registrar from 27.10.2010 with all consequential benefits and also to give regular promotion to the post of Sub Registrar Grade I with effect from 23.6.2011 from the date on which all his juniors were given promotion with arrears and all other consequential benefits.

2. Even though such a larger prayer was asked for by the petitioner in this writ petition, when the case is taken up today for final hearing, the learned counsel for the petitioner would submit that, in order to get further promotion from the post of Sub-Registrar Grade II, for which, according to the petitioner, the punishment of censure imposed against him may not stand in the way. Therefore, in order to consider the same, he has given a representation to the official respondents on 03.06.2011 and the said representation, if so far not been considered, a direction may be given to consider the said representation and orders to that effect on merits can be passed within a time frame and in that case, the petitioner would be satisfied.

3. Heard the learned Special Government Pleader, who would submit that, if at all the representation of the petitioner dated 03.06.2011 has so far not been considered, certainly that would be considered within a time frame to be fixed by this Court.

4. Considering the aforesaid submissions made by the learned counsel appearing for both sides, taking into account the innocuous nature of the prayer now has been sought for by the petitioner, this Court is inclined to dispose of this writ petition by passing the following order.

5. That there shall be a direction to the second respondent to consider the representation of the petitioner dated 03.06.2011 and pass orders thereon on merits and in accordance with law, if the same has not been considered so far and no promotion has been given to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar KST To 1.The Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai 600 009.

2.The Inspector General of Registration Santhome High Road, Chennai 600 028.

+1 cc to Government Pleader Sr.No. 17593 W.P.No.16815 of 2011 A.SK(18.05.2021)