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Madras High CourtWP/5199/2012allowed

A.Jayakumar, 47 Years v. The District Collector

2018-11-15Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2018

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.5199 of 2012 A. Jayakumar ..

Petitioner

Versus

The District Collector, Cuddalore District, Cuddalore.

..

Respondent PRAYER:Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 11.10.2010 to refix the seniority of the petitioner in the cadres of Extension Officer and Deputy Block Development Officer based on date of Joining in the feeder category of Junior Assistant and Assistant.

For Petitioner :: Mr.T.Sivasubramanian For Respondent :: Mrs.Sri Jayanthi (Special Government Pleader)

ORDER

The Writ Petitioner joined in the Rural Development as Record Clerk on 07.10.1983, in the Panchayat Union, Annagramam under compassionate grounds. He was promoted as Junior Assistant and joined on 10.01.1986. He claimed to have passed departmental exams and he was promoted as Assistant on 12.07.1998. He was aggrieved by the seniority list published on 12.04.1998 and another seniority list published on 20.11.2001. There was a third seniority list published on 01.07.2001 and he claimed that he was promoted as Extension Officer on 02.11.2005. He, however, further stated that the two Juniors, Mr.K.Ramu and Mrs.V.Chitra, were shown as senior to him in the list of Extension Officer. Consequently, he had given representations.

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2. The learned Special Government Pleader appearing for the respondent stated that the earlier representations given by him had been rejected by the Collector and the petitioner had not filed any appeal as against those orders. On the other hand, he had given another representation dated 11.10.2010 seeking to refix the seniority in the cadre of Extension Officer and Deputy Block Development Officer.

3. The learned Special Government Pleader insisted that since the petitioner had not filed any appeal against the earlier orders of rejection of his representation, the second representation also cannot be considered, at any rate, since the representation has been given, it would only be proper that order is passed on the same.

4. Consequently, the respondent is directed to pass an order on the representation dated 11.10.2010 within a period of 4 weeks from today.

5. The writ petition is allowed on the above terms. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To The District Collector, Cuddalore District, Cuddalore.

+1cc to Government Pleader sr.no.78305 W.P.No.5199 of 2012 rk(co) nr 17/12/2018 https://hcservices.ecourts.gov.in/hcservices/