Madras High CourtWP/2744/2023disposed of

Kuppusamy v. The Director

2023-02-03Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.2857 of 2023 Kuppusamy S/o.Subramanian

...Petitioner

Vs 1.The Director, Local Administration Department, Puducherry.

2.The Commissioner, Villianoor Commune Panchayat, Villianoor, Puducherry.

3.S.Murugaiyan S/o.Solai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 and 2 to refix the seniority list by considering the objections dated 16.05.2022 given by the petitioner to the tentative seniority list for Driver Grade-I, II and III in Proceedings No.20-9/VCP/Estt/2022-23 dated 10.05.2022 and place the petitioner above the third respondent in the seniority list for the post of 1/4

Driver Grade III at Villianoor Commune Panchayat, Villianoor, Puducherry, in accordance with the recruitment rules for the Local Administration Department, Puducherry.

For Petitioner : Mr.R.Rajarajan For Respondents : Mrs.Saradha Vivek Additional Government Pleader (P) [R1& R2] *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents 1 and 2 to consider the objections given by the petitioner on 16.05.2022 before refixing the seniority for the post of Driver Grade-I, II and III.

2. Heard Mr.R.Rajarajan, learned counsel for petitioner and Mrs.Saradha Vivek, learned Additional Government Pleader [P], appearing for respondents 1 and 2.

3. The case of the petitioner is that the second respondent, through proceedings dated 10.05.2022, issued an tentative seniority list for the post of Driver Grade-I, II and III. According to petitioner, the third respondent is 2/4

junior to him, whereas, his name has been placed above the petitioner. Therefore, the petitioner gave his objections to the respondents 1 and 2 on 16.05.2022. Since the same was not considered, the present writ petition has been filed.

4. Learned Additional Government Pleader (P) appearing on behalf of the respondents 1 and 2 submitted that this writ petition has been filed merely based on apprehensions. It was further submitted that whatever objections are received on the tentative seniority list that has been issued, the same will be considered before finalizing the seniority list.

5. Taking into consideration the limited relief sought for in this writ petition and taking note of the submissions made by learned Additional Government Pleader, there shall be a direction to the respondents 1 and 2 to finalize the seniority list for the post of Driver Grade -I, II and III after considering the objections given by the petitioner and other similarly placed persons, before finalizing the seniority list. 3/4

N.ANAND VENKATESH, J gm With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Director, Local Administration Department, Puducherry.

2.The Commissioner, Villianoor Commune Panchayat, Villianoor, Puducherry.

Writ Petition No. 2744 of 2023 4/4