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Madras High CourtWP/4592/2021disposed of

L.Ayisha Beevi v. Government Of Tamil Nadu

2021-03-01Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.NOS.4592 AND 4593 OF 2021 L.Ayisha Beevi ... Petitioner in W.P.No.4592 of 2021 S.Dayanidhi ... Petitioner in W.P.No.4593 of 2021 Vs.

1.

Government of Tamil Nadu, represented by Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009.

The Director of Rural Development and Panchayat Raj, Panagal Maligai 4th & 5th Floors, Saidapet, Chennai 600 015.

The District Collector, Chengalpattu District, Chengalpattu.

The District Collector, Kancheepuram District, Kancheepuram.

... Respondents in both W.Ps.

Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to re-allot/transfer the Petitioners herein to Kancheepuram District Rural Development Unit in accordance with their options, prior to empanelment and promotion of their subordinate officials as Deputy Block Development Officers and pass orders within a limited time frame, as this Court deems fit in the light of representations dated 08.04.2020 and 06.01.2021. For Petitioner in both W.Ps.

:

Ms.Akshaya Shankar for Mr.M.Ravi For Respondents in both W.Ps. :

Mr.P.V.Selvakumar, Addl. Government Pleader

C O M M O N O R D E R As the issue involved in the above Writ Petitions is one and the same, cases are taken up for hearing by a common order. Petitioners have come up with the above Writ Petitions seeking a direction to the Respondents to re-allot/transfer them to Kancheepuram District Rural Development Unit in accordance with their options, prior to empanelment and promotion of their subordinate officials as Deputy Block Development Officers and pass orders in the light of their representations dated 08.04.2020 and 06.01.2021.

Heard the learned counsel on either side and perused the material documents available on record.

It is seen that, in a similar circumstance, this Court, by an order dated 22.07.2020 in W.P.No.9454 of 2020, etc batch of cases, has held as under:

"6.

The learned counsel Mr.M.Ravi, appearing for the Petitioners, would submit that, these Petitioners have in fact requested, as per their choice, to be posted either in Vellore or in Ranipet, as the case may be and in view of the disclosure of the fact that, vacancies are indeed available, a direction may be issued to the Respondents to consider the request of the Petitioners to be posted either in Vellore or Ranipet as per their preference, in the available vacancies.

7.

Considering the fact that, the vacancies are indeed available in both the District, this Court feels, in the fitness of things, that direction can be issued to the Respondents to consider the request of the Petitioners, sympathetically and objectively. 8.

The Respondents/Competent Authorities are directed to consider the request of these Petitioners for accommodating them, as per their preference either in Vellore or in Ranipet, as the case may be, in the available vacancies and suitable orders may be passed in that regard within a period of two weeks from the date of receipt of a copy of this order.

This order is passed in view of the disclosed fact that, the vacancies are available in the

respective Districts, as mentioned above and on that consideration, this direction is issued." 5.

In the light of the order dated 22.07.2020 passed in W.P.No.9454 of 2020, etc. batch of cases and considering the facts and circumstances of the case, this Court directs the Respondents herein to consider the representations dated 08.04.2020 and 06.01.2021 made by the Petitioners herein and accommodate them as per their preference in Kancheepuram District Rural Development Unit, as the case may be, in the available vacancies, and pass suitable orders in that regard in accordance with law, within a period of four months from the date of receipt of a copy of this order.

With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Additional Chief Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009.

The Director of Rural Development and Panchayat Raj, Panagal Maligai 4th & 5th Floors, Saidapet, Chennai 600 015.

The District Collector, Chengalpattu District, Chengalpattu.

The District Collector, Kancheepuram District, Kancheepuram.

+2cc to Mr.M.Ravi, Advocate, S.R.No.12684 & 12683 W.P.Nos.4592 & 4593 of 2021 PMK(CO) CS/26/03/2021