K. Kathiah v. The Govt. Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.11870 of 2005 K.Kathiah ..Petitioner Vs 1.The Government of Tamil Nadu, rep.by its Secretary to Government, Revenue Department, Fort St.George, Chennai - 9.

2.The Principal Commissioner and The Commissioner of Revenue Administration, Chepauk, Chennai - 5.

3.The District Collector, Trichy.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus to call for the records of the 2nd respondent relating to his order dated 27.01.2000 made in his proceedings Na.Ka.Pani.3(1)/33505/97 quash the same and consequently direct the respondents to include the name of the petitioner in the appropriate place in the panel of Tahsildar of Trichirapalli District for the year 1999, after granting relaxation of Rule 7(b) of the Special Rules of Tamil Nadu Revenue Subordinate Service infavour of the petitioner and promote the petitioner as Tahsildar with effect from the date on which his immediate junior was promoted with all consequential benefits.

For Petitioner : No representation For Respondents : Mr.K.Magesh Special Government Pleader

O R D E R

The relief sought for in this writ petition is to issue a writ of certiorarified mandamus to quash the order of the second respondent dated 27.01.2000 and consequently, to direct the respondents to include the name of the petitioner in the panel of Tahsildar of Trichirapalli District for the year 1999, after

granting relaxation of Rule 7(b) of the Special Rules of Tamil Nadu Revenue Subordinate Service and promote the petitioner as Tahsildar with effect from the date on which his immediate junior was promoted with all consequential benefits.

2. This petition was originally filed before the State Administrative Tribunal. Subsequently, it was abolished and hence, the petition was transferred to the Writ Court and renumbered as W.P.No. 11870 of 2005. The matter is pending before this Court for more than fourteen years.

3. There is no representation for the petitioner. Heard the learned Special Government Pleader for the respondents and perused the materials available on record.

4. The learned Special Government Pleader for the respondents would submit that since disciplinary proceedings were pending against the petitioner, his name was not included in the panel for the year 1999. After completion of disciplinary proceedings, the petitioner's name was included in the panel for the year 2002, subsequently, he was promoted on 27.12.2003 as a Tahsildar and retired from service after attaining the age of superannuation on 31.07.2007.

5. In the light of the above submissions made by the learned Special Government Pleader, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ms To 1.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 9.

2.The Principal Commissioner and The Commissioner of Revenue Administration, Chepauk, Chennai - 5.

3.The District Collector, Trichy.

+1cc to the Government Pleader, S.R.No.41322 W.P.No.11870 of 2005 AJS(CO) KKV/08/01/2021