Dr.V.Rajendran v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA Dr.V.Rajendran ...
Petitioner versus 1.The State of Tamil Nadu, Represented by the Secretary to Govt., Animal Husbandry, Dairying & Fisheries Dept., Fort St. George, Chennai - 600 009.
2.The Director, Directorate of Animal Husbandry & Veterinary Services, No. 571, Anna Salai, Nandanam, Chennai - 600 035.
3.The Joint Director (Administration), Directorate of Animal Husbandry & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai - 600 035.
...
Respondents 4.Dr.S.Kala, Joint Director (Extension), Directorate of Animal Husbandry & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai - 600 035.
...
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[Representing all similarly situated persons. Cause title amended vide order dated 03.01.2022 made in W.M.P.No,11534/2021 in W.P.7575/ 2021] Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to rectify the error contained in the proceedings issued by the office of the 3rd respondent in Na.Ka.No.21497/C1/2020 dated 07.10.2020 in the matter of promotions to the post of Joint Director .
For Petitioner :
Dr.R.Maheswari For Respondent Nos.1 to 3 :
Mr.K.V.Ravikumar Government Advocate
O R D E R
Heard Dr.R.Maheswari, learned counsel for the petitioner and Mr.K.V.Ravikumar, learned Government Advocate for the respondents 1 to 3 and perused the materials available on record. 2.
The petitioner was appointed as Veterinary Assistant Surgeon on Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules and his services have been regularized w.e.f. 26.12.1986. After 26 years of service, the petitioner was promoted and he joined duty on 23.05.2012 at Pattukottai. After rendering 7 years of service as Assistant Director, he was promoted as Deputy Director on 07.08.2019.
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3.
The 2nd respondent is taking steps for filling up the vacancies in the cadre of Joint Director by calling for the candidates in the cadre of Deputy Director. The petitioner's name was also included in that process as junior to the candidates appointed from 1987. It is the claim of the petitioner that he ought to have been treated as 1986 batch. 4.
Mr.K.V.Ravikumar, learned Government Advocate for the respondents 1 to 3 submitted that as per the seniority allotted to the individuals by the Tamil Nadu Public Service Commission vide Letter No.6244/G2/85 dated 20.03.1990, the petitioner's services were regularised from the year 1986. It is submitted that the petitioner has got no vested right for promotion.
5.
The limited scope of the petitioner is that his juniors have been considered and his name has been included in the panel below to his juniors. It is seen that the petitioner has not challenged the seniority list released by the Tamil Nadu Public Service Commission vide Letter No.6244/G2/85 dated 20.03.1990.
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6.
However, the seniority list released by the Tamil Nadu Public Service Commission vide Letter No.6244/G2/85 dated 20.03.1990 is not available before this Court. It is further submitted that the petitioner has not given any representation so far to the respondents and it is up to the petitioner to give a representation to the respondents within a period of two
(2) weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents are directed to pass appropriate orders on its own merits and in accordance with law within a period of four (4) weeks thereafter.
With the above observation, this Writ Petition is disposed. No costs. Consequently, connected Miscellaneous Petition is closed. 07.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
To 1.The Secretary to Government, State of Tamil Nadu, Animal Husbandry, Dairying & Fisheries Dept., Fort St. George, Chennai - 600 009.
2.The Director, Directorate of Animal Husbandry & Veterinary Services, No. 571, Anna Salai, Nandanam, Chennai - 600 035.
3.The Joint Director (Administration), Directorate of Animal Husbandry & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai - 600 035.
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R.N.MANJULA , J.
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