M.Karthikeyan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.02.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.3534 of 2018 M.Karthikeyan
...Petitioner
Versus
1. The Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.
2. The Secretary to Government, Revenue Department, Secretariat, Chennai-9.
3. The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai-5.
4. The District Collector, Tiruvannamalai, Tiruvannamalai District-606 604.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders in the petitioner's representation dated 20.01.2018 within a stipulated time.
For Petitioner : Mr.V.P.Rajendran For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader
O R D E R
The Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to consider and pass orders in the petitioner's representation dated 20.01.2018 within a stipulated time fixed by this Court.
2.
Learned Counsel for the petitioner submitted that the petitioner is a retired Tahsildar, who retired from service on 31.8.2012 on attaining the age of superannuation. His grievance is that after he was promoted as Tahsildar during the year 2008, his name was included in the Seniority List for promotion to the
post of Deputy Collector for 2011-2012 in Sl.No.138 as per Tamil Nadu Civil Service Rules. However, he was not promoted as Deputy Collector, since the said panel was not finalised. Thereafter, the petitioner has been giving representations one after other and finally, finding no response from the respondents, he has approached this Court by way of filing this Writ Petition. In the meantime, six years have lapsed. 3.
The learned Counsel for the petitioner further submitted that when a ratio of 4:1 was given to the junior Assistants and Typists to the promotional post of Assistants, there occurred some problem in finalising the seniority list issued for the post of Assistants. Therefore, the petitioner was denied promotion to the post of Deputy Collector. Hence, he has given a representation dated 20.1.2018 seeking a direction in this regard.
4.
Heard Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents. 5.
The learned Counsel for the petitioner is not even able to show whether the name of the petitioner was included in the Panel for the post of Deputy Collector in the year 2011-2012. When the petitioner retired on reaching the age of superannuation on 31.8.2012 in the post of Tahsildar and when there is no response for his representations, he ought to have immediately approached the appropriate Forum seeking legal remedy. But, he himself slept over the matter without approaching the appropriate forum seeking appropriate remedy for about six years. Therefore, having slept over his claim for such a long time, the petitioner cannot come to this Court with huge delay seeking a direction to the respondents to consider and pass orders in his representation dated 20.1.2018. 6.
In the result, the Writ Petition fails and the same is accordingly dismissed. No costs.
Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar tsi
To
1. The Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.
2. The Secretary to Government, Revenue Department, Secretariat, Chennai-9.
3. The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai-5.
4. The District Collector, Tiruvannamalai, Tiruvannamalai District-606 604.
+ 1 cc to Mr.V.P.Rajendran Advocate,SR.12722 + 1 cc to The Govt.Pleader, SR.13231 W.P.No.3534 of 2018 nr 20/03/2018