P.Sivasubramanian v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.5394 of 2019 P.Sivasubramanian ..Petitioner vs 1.The Secretary to Government, Rural Development & Panchayat Raj Department Fort St.George, Chennai - 9.

2.The Director of Rural Development and Panchayat Raj Department Panagal Buildings, Saidapet Chennai - 15 3.The District Collector, Panchayat Raj District Collectorate Ariyalur.

4.The Secretary Tamil Nadu Public Service Commission Chennai - 3.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to revise the seniority of the petitioner in the cadre of Junior Assistant from 29.5.09 at par with his junior who was selected and appointed by the 4th respondent in the recruitment of the year 2007 for Group- IV services (special competitive examination) and further direct the respondents to notionally revise the seniority of the petitioner in the cadre of Assistant and grant him all consequential service and monetary benefits.

For Petitioner : Mr.K.Venkataramani, Senior Counsel for M/s.Muthappan M For Respondents : M/s.D.Suriyanarayanan Additional Government Pleader for R1 to R3 Dr.M.Devendran for R4

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondents to revise the seniority of the petitioner in the cadre of Junior Assistant from 29.5.09 at par with his junior who was selected and appointed by the 4th respondent in the recruitment of the year 2007 for Group- IV services (special competitive examination) and further direct the respondents to notionally revise the seniority of the petitioner in the cadre of Assistant and grant him all consequential service and monetary benefits.

2.The grievance of the writ petitioner is that his claim to grant seniority and promotion on par with his junior has not been considered.

3.In this regard, the writ petitioner submitted a representation to the respondents on 06.08.2018 to revise his seniority and grant benefit on par with his juniors with reference to the rules in force.

4.The learned Senior counsel made a submission that the said claim of the writ petitioner is yet to be considered. 5.Thus, without going into the merits of the matter, the 3rd respondent is directed to consider the representation submitted by the writ petitioner on 06.08.2018 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and all other relevant documents, if any, along with the orders passed in the writ petition.

6.With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kak To 1.The Secretary to Government, Rural Development & Panchayat Raj Department Fort St.George, Chennai - 9.

2.The Director of Rural Development and Panchayat Raj Department Panagal Buildings, Saidapet Chennai - 15 3.The District Collector, Panchayat Raj District Collectorate Ariyalur.

4.The Secretary Tamil Nadu Public Service Commission Chennai - 3.

+1cc to Mr.M.Muthuappan, Advocate, S.R.No.17971 +1cc to Mr.M.Devendran, Advocate, S.R.No.17984 +1cc to the Government Pleader, S.R.No.18260 W.P.No.5394 of 2019 AD(CO) rrs 26/03/2019