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Madras High CourtWP/3786/2022disposed of

S.Amirtharaj v. The State Of Tamil Nadu

2022-03-03Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3786 of 2022 S.Amirtharaj ..Petitioner vs.

1. The State of Tamil Nadu, Rep. By its Secretary, Rural Development & Panchayat Raj Department, Secretariat, Chennai.

2. The Director, Directorate of Rural Development & Panchayat Raj, Panagal Maligai, Saidapet, Chennai-15.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd Respondent to consider and dispose the petitioners appeal dated 05.01.2022 given in response to the revised seniority list published by the District Collector Dindigul vide his proceedings in Na. Ka. No. 951 / 2020 / Oo. Va. 1 dated 29.11.2021 in accordance with law with in the period that may be stipulated by this Court.

For Petitioner : M/s. H.Mohammed Imran For Respondents : Mr. S.Rajesh, GA

O R D E R

The prayer sought for in the present writ petition is to direct the 2nd respondent to consider and dispose the petitioners appeal dated 05.01.2022 given in response to the revised seniority list published by the District Collector Dindigul vide his proceedings in Na. Ka. No. 951 / 2020 / Oo. Va. 1 dated 29.11.2021 in accordance with law.

2.Heard both sides and perused the documents available on record.

3.The learned counsel for the petitioner has submitted that the petitioner was initially appointed as Assistant on 21.01.2013 at Panchayat Union Office, Kodaikanal, Dindigul District through direct recruitment. The respondents have prepared a temporary seniority list in the year 2016. In the said seniority list the promotive assistants were placed ahead of the directly recruited Assistants taking into consideration of their date of appointment by promotion to the post of Assistant. After the year 2016, no seniority list was prepared by the respondents and on account of the same, no promotion to the post of Deputy Block Development Officer was effected.

4. The learned counsel for the petitioner further submitted that the District Collector, Dindigul vide proceedings dated 25.01.2021 issue the tentative seniority list, canceling the seniority list issued in the the year 2016 and called for objections if any. The petitioner has sent his objections dated 01.03.2021 to the District Collector and since no action was taken on the objections, the petitioner has filed a writ petition in W.P.(MD).No. 6057 of 2021 and pursuant to the order passed by this Court in the said writ petition, the District Collector by proceedings dated 29.11.2021 published the revised seniority list from the year 2009 to 2020 and called for objections if any. The petitioner has submitted his objections to the District Collector, Dindigul through the 2nd respondent by way of appeal dated 05.01.2022. Though the said appeal was duly acknowledged, no action has been taken till date, hence the present writ petition.

5. According to the learned counsel for the petitioner, the said revised seniority list published by the District Collector, Dindigul is against the Government Orders and the existing Service Rules with reference to the seniority issue among the directly recruited assistants and promoted assistants. 6.On the other hand, the learned Government Advocate appearing for the respondents on instructions submitted before this Court that the 2nd respondent has called for certain additional particulars from the District Collector, Dindigul and on receipt of such additional particulars, the 2nd respondent will consider the same and pass appropriate orders. 7.In view of the submission made by the learned Government Advocate and considering the request made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the petitioner's appeal petition dated 05.01.2022 and pass appropriate orders on its own merits and in accordance with law,

within in a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ak To

1. The Secretary, Rural Development & Panchayat Raj Department, Secretariat, Chennai.

2. The Director, Directorate of Rural Development & Panchayat Raj, Panagal Maligai, Saidapet, Chennai-15.

+1cc to the Government Pleader, S.R.No.15057 W.P.No.3786 of 2022 SR-II(CO) RGA(30/03/2022)