D.Kasinathan, v. The Regional Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.2 of 2010 D.Kasinathan, S/o.Duraiswamy, Sr. Draughtsman, Taluk Office, Valangaiman, Tiruvarur District.

Petitioner(s) Vs

1. The Regional Deputy Director (In charge) Office of the Regional Deputy Director, Land Survey and Records Department, Tiruchirapalli.

2.The Assistant Director of Survey and Land Records, (In charge), Tiruvarur.

3.R.N.Lalitha, Senior Draughtsman, Taluk Office, Kodavasal, Tiruvarur.

4.S.Vijayarani, Assistant Director of Survey and Land

Records, Tiruvarur.

5.Commissioner and Director of Survey and Settlement, Survey House, Chepauk, Chennai-5.

(R5 Impleaded as per order dated 28.01.2020 Made in W.M.P.No.1 of 2012 in W.P.No.23988 of 2010 Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the orders in (1) Pro.Na.Ka.No. A5/675/2009 (1) dated 30.03.2009 of the second Respondent herein and (2) Pro.Na.Ka.No. A5/4917/2009 dated 10.12.2009 of the first Respondent, (3) Pro.No.Na3/24937/2010/Ls dated 04.10.2011 of the 5 th respondent, and quash the same to the limited extent of the placement of the Petitioner herein in the Seniority List as on 01.01.2009 of Senior Draughtsman in Tiruvarur District Survey Unit and to issue consequently directions to the Respondents to refix the seniority of the Petitioner herein in the due place in the said Seniority List with consequential service and monetary benefits.

For Petitioner : Mr.V.Athikesavan For Respondent(s):

Mr.S. Haja Nazirudeen Additional Advocate General Assisted By V.Nanmaran Additional Government Pleader For R1, R2 and R5

ORDER1 This writ petition has been filed, challenging the proceedings bearing Na.a.No.A5/675/09(1) dated 30.03.2009 issued by the second respondent, whereby the seniority list in the cadre of Senior Draughtsman was finalised and the consequential proceedings bearing Na.Ka.No.A5/4917/2009 dated 10.12.2009 issued by the first respondent, preparing a panel for the promotion to the post of Senior Draughtsman, thereby rejecting the appeal filed by the petitioner.

2. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader for the respondents 1, 2 and 5 and perused the materials available on record.

3. As seen from the affidavit filed in support of this writ petition as well as from the submissions of the learned counsel for the petitioner, the case of the petitioner is that the petitioner herein was qualified for the post of Land Record Draughtsman and Senior Draughtsman ahead of the private respondents, and several other persons, who are juniors to the petitioner in the cadre of

Draughtsman. However, the respondents 1 and 2, instead of promoting the petitioner, promoted the respondents 3 and 4 and certain other persons, though their services were not even regularised in the cadre of Draughtsman etc. Neither the promotional orders that were issued in favour of the respondents 3 and 4 herein nor the orders issued in favour of the other persons, who are named by the petitioner in paragraph No.3 of the affidavit.

4. Admittedly, all of the alleged juniors to the petitioner were promoted ahead of the petitioner to the post of Land Record Draughtsman and Senior Draughtsman. The impugned seniority list dated 30.03.2009 has been prepared by duly taking into consideration, the respective dates of promotion to the post of Land Record Draughtsman and Senior Draughtsman. The dates of promotion of the petitioner to the post of Land Record Draughtsman and Senior Draughtsman as well as the respective dates of promotion of the respondents 3, 4 herein and others as furnished in paragraph No.12 of the Additional Counter Affidavit filed by the fifth respondent herein, are not disputed.

5. In the absence of any dispute with regard to the dates of promotion of the petitioner as well as the respondents 3 and 4 in the post of Land Record Draughtsman and Senior Draughtsman, the claim of the petitioner challenging the impugned seniority list and to place him above the respondents 3 and 4 cannot be accepted.

6. The seniority list in the post of Senior Draughtsman can be prepared only on the basis of date of entry of the petitioner as well as the respondents 3 and 4 in the said cadre, but not by taking into consideration the initial appointment in the cadre of Draughtsman.

7. Under these circumstances, this Court does not find any merit in the present writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 17-07-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Regional Deputy Director (In charge) Office of the Regional Deputy Director, Land Survey and Records Department, Tiruchirapalli.

2.The Assistant Director of Survey and Land Records, (In charge), Tiruvarur.

3. Commissioner and Director of Survey and Settlement, Survey House, Chepauk, Chennai-5.

MUMMINENI SUDHEER KUMAR J.

jd 17-07-2025