K.J.Jaikar Prabhu v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13197 of 2023 and W.M.P.No.12940 of 2023 K.J.Jaikar Prabhu
...Petitioner
-Vs1. The Government of Tamilnadu, Represented by Secretary to Government, Revenue Department, Chennai-9.
2. The Additional Chief Secretary to Government/ Commissioner of Revenue Administration, Chepauk, Chennai- 600 005.
3. The District Collector, Collector Office, Thiruvallur District, Thiruvallur.
4. The District Revenue Officer, Collector Office, Thiruvallur District.
Thiruvallur.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to regularly promote the petitioner as Assistant with effect from 27.05.2013 and to include his name i the panel of Deputy Tahsildar, Thiruvallur District for the year 2017 over and above his immediate junior and to promote him as Deputy Tahsildar with effect from 22.09.2017 and to consequently include his name in the panel of Thasildar for the year 2020 in Tiruvallur District and to promote him as Thasildar with effect from 20.01.2021 and to grant him all consequential service and monetary benefits. For Petitioner : Mr.M.Ravi For Respondents : Mr.P.Kumaresan, Additional Advocate General Assisted by Mr.R.Kumaravel Additional Government Pleader
ORDER
This writ petition has been filed for direction to the respondents to promote the petitioner as Assistant with effect from 27.05.2013 and also include his name in the panel of Deputy Tahsildar for the year 2017 and place him above his immediate junior and promote him as Deputy Tahilsdar with effect from 22.09.2017.
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2. Heard, the learned counsel appearing on either side.
3. On perusal of the counter affidavit filed by the third respondent revealed that the petitioner was promoted as Deputy Tahsildar by proceedings dated 16.09.2021. He had joined in the post of Deputy Tahsildar on the forenoon of 17.09.2021. The petitioner submitted representation on 29.12.2022 seeking for inclusion of his name in the cadre of Deputy Tahsildar for the year 2017 on par with his juniors whose name found at panel No.4 in the panel of Assistant 2013 after relaxing relevant service Rules. On receipt of the same the 3rd respondent had sent a proposal to the 2nd respondent dated 29.03.2022. However, the third respondent is awaiting for approval from the 2nd respondent. That part, the name of the petitioner has been included in the 2021 Deputy Tahsildar panel. In this regard, necessary proposal have been sent to the 2nd respondent by communication dated 21.07.2023 thereby seeking relaxation in government Order.
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4. In view of the above, the 2nd respondent is directed to pass appropriate orders on the proposals sent by the third respondent to include the petitioner's name in the panel for the promotion to the post of Deputy Tahsildar for the year 2017. Accordingly, promote the petitioner to the post of Deputy Tahsildar with effect from 22.09.2017 and include him in the panel for the post of Tahsildar for the year 2020 and promote him to the post of Tahsildar with effect from 2020-2021 with all attendant benefits in accordance with law within a period of eight weeks from the date of receipt of copy of this order.
5. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 27.03.2024 (2/2) Index : Yes/No Speaking/Non Speaking Order gvn 4/6
To
1. The Government of Tamilnadu, Represented by Secretary to Government, Revenue Department, Chennai-9.
2. The Additional Chief Secretary to Government/ Commissioner of Revenue Administration, Chepauk, Chennai- 600 005.
3. The District Collector, Collector Office, Thiruvallur District, Thiruvallur.
4. The District Revenue Officer, Collector Office, Thiruvallur District.
Thiruvallur.
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G.K.ILANTHIRAIYAN,J.
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