V.Anbuselvi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.7330 of 2024 V.Anbuselvi
...Petitioner
-Vs1.The State of Tamil Nadu represented by its Secretary to Government, School Educational (Public Library-1) Department, Fort St.George, Chennai-600 009.
2.The Directorate of Public Libraries, No.737, Anna Salai, Chennai-600 002.
3.The District Library Officer, Villupuram District.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his proceedings Na.Ka.No.199/A1/2020 dated 26.02.2024 and quash the same and directing the respondents to fix the seniority of the petitioner based on the date and time of joining duty (i.e.) 28.08.2012 F.N., and consequently direct the respondents to include the name of the petitioner in between serial No.428 and 429 in the list of Village Librarians annexed to G.O.Ms.No.52 School Education (Public Library-1) Department dated 26.02.2024 and consequently promote the petitioner as Librarian Grade
III from the date of promotion given to her juniors with all services and monetary benefits.
For Petitioner : Mr.S.Selva Thirumurugan For R1 : Mrs.Mythreye Chandru Special Government Pleader For R2 & R3 : Mr.V.Veluchamy Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order passed by the second respondent dated 26.02.2024, thereby the petitioner was placed below her juniors in the seniority list.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was selected and appointed as Village Librarian by an order dated 27.08.2012. The respondents had drawn a draft seniority list all the Village Librarian in the State of Tamil Nadu based on the date and time of their joining as Village Librarian. The petitioner had joined in the said post on 28.08.2012 in the forenoon. It is also evident from the proceedings of the third respondent dated 11.01.2016. Accordingly, the petitioner had joined duty on 28.08.2012 at 9.00 a.m. As per the draft seniority list of the year 2023, the
petitioner's name has been placed at Serial No.671 and mentioned the joining time as p.m instead of a.m. Therefore, the petitioner submitted her objection and the same was not considered. However, the second respondent passed a common order dated 26.02.2024, thereby rejected the request to fix the seniority on the basis of date and time of joining duty on the ground that there is no provision in the Rules. Therefore, the petitioner submitted a representation on 28.02.2024, which is pending on the file of the first respondent.
4. The learned Special Government Pleader appearing for the first respondent submitted that as per the records, the petitioner had joined duty on 28.08.2012 at about 9.00 a.m. Therefore, the case of the petitioner will be considered by the first respondent as per the records.
5. In view of the above submission, the first respondent is directed to revise the seniority list as per the date of joining duty and time of the petitioner as Village Librarian, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.
15.03.2024 Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Secretary to Government, State of Tamil Nadu, School Educational (Public Library-1) Department, Fort St.George, Chennai-600 009.
2.The Directorate of Public Libraries, No.737, Anna Salai, Chennai-600 002.
3.The District Library Officer, Villupuram District.
G.K.ILANTHIRAIYAN. J, Lpp
and W.M.P.No.7330 of 2024 15.03.2024