A.Sampath, v. The Director Of Rural

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.04.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.8232 to 8238 of 2019 A.Sampath ..Petitioner in W.P.No.8232/2018 R.Anbazhagan ..Petitioner in W.P.No.8233/2018 T.Mayilvaganan ..Petitioner in W.P.No.8234/2018 D.Prabakaran ..Petitioner in W.P.No.8235/2018 E.Balakrishnan ..Petitioner in W.P.No.8236/2018 A.Sheela Anbumalar ..Petitioner in W.P.No.8237/2018 S.Arunachalam ..Petitioner in W.P.No.8238/2018 vs 1.The Director of Rural Development and Panchayat Raj Department Panagal Buildings, Saidapet, Chennai -15 2.The District Collector, Tiruvannamalai District, Vengikkal, Tiruvannamalai.

.. Respondents in all W.Ps Prayer in W.P.No.8232 & 8235 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and dispose the petitioner appeal dated 20.03.2018 with the time framed by this Hon'ble Court and further directing the 2nd respondent not to pass any order based on the seniority list displayed on 16.03.2018 vide proceedings of the 2nd respondent in Na.Ka.No.15953/2015/PaAa3-1 till the disposal of the petitioner appeal dated 20.03.2018.

Prayer in W.P.No.8233, 8237 & 8238 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and dispose the petitioner appeal dated 20.03.2018 with the time framed by this Hon'ble Court and further directing the 2nd respondent not to pass any order based on the seniority list displayed on 16.03.2018 vide proceedings of the 2nd respondent in Na.Ka.No.15953/2015/PaAa3-3 till the disposal of the petitioner appeal dated 20.03.2018.

Prayer in W.P.No.8234 & 8236 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and dispose the petitioner appeal dated 20.03.2018 with the time framed by this Hon'ble Court and further directing the 2nd respondent not

to pass any order based on the seniority list displayed on 16.03.2018 vide proceedings of the 2nd respondent in Na.Ka.No.15953/2015/PaAa3-2 till the disposal of the petitioner appeal dated 20.03.2018.

For Petitioners : Mr.P.S.Kothandaraman(in all W.Ps) For Respondents : Mr.A.N.Thambidurai Special Government Pleader (in all W.Ps) C O M M O N O R D E R The relief sought for in all the writ petitions is for a direction to consider and dispose of the petitioners appeal on 20.03.2018.

2.A seniority list of Assistants/Rural Welfare officer, Grade-I/Accountant was published by the 2nd respondent / The District Collector in proceedings dated 16.03.2018. 3.The writ petitioners state that their seniority was erroneously fixed in the wrong place and the petitioners filed objections/appeal for Revision of their seniority in their appeal dated 20.03.2018. As per the rules, the aggrieved persons are entitled to file an appeal by way of objections to the competent authority for revision of seniority. This being the position, the competent authority, on receipt of such objections in respect of the seniority list, is bound to consider the grounds and pass orders on merits and in accordance with law. 4.

In view of the fact that the appeal filed by the writ petitioners are pending before the 2nd respondent for consideration and without going into the merits of the matter, the 2nd respondent is directed to consider objections / appeal filed by the writ petitioners on 20.03.2018 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of the objections/ appeal and all other relevant documents along with the orders passed in the present writ petition.

5.With this direction, all the writ petitions stand disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Director of Rural Development and Panchayat Raj Department Panagal Buildings, Saidapet, Chennai -15 2.The District Collector, Tiruvannamalai District, Vengikkal, Tiruvannamalai.

+1cc to Government Pleader sr.41302 +1cc to Mr.P.S.Kothandaraman, Advocate sr.40554 W.P.Nos.8232 to 8238 of 2018 nr 27/06/2019