N.Krishnan, M.A., v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER and M.P.No.1 of 2015 and W.M.P.No.38342 of 2017 N.Krishnan Petitioner(s) Vs

1. Government of Tamilnadu Repd. by Chief Secretary to Government, Public (Special-A) Department, Secretariat, Chennai600 009. 2.Government of Tamilnadu Repd. by Secretary to Government, Revenue Department, Secretary, Chennai-600 009.

3.The Additional Chief Secretary and Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

4.The District Collector Salem District, Salem.

5.Thiru.I.Mohammed Afroz Basha (Retired Deputy Collector), C/commissioner of

Revenue Administration, Chepauk, Chennai-600 005.

6.V. Balasusbramanian (Retired Deputy Collector), C/commissioner of Revenue Administration, Chepauk, Chennai-600 005.

Respondent(s) PRAYER: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari Mandamus to call for the records of the third respondent relating to orders in Pro.No.Ser.3(2)/ 13326/2012 dated 25.08.2014 to quash the same and to issue consequential direction to the Respondents to refix the seniority of the petitioner in the cadre of Tahsildar and Deputy Collector and consequently direct the first respondent to include the name of the petitioner in the list of Deputy Collectors for the year on par with his junior Thiru.I.Mohamed Affrese Basha and on that basis include his name in the list of Deputy Collectors for promotion as District Revenue Officer for the year 2001 and grant notional promotions accordingly with all consequential benefits. For Petitioner(s):

Mr.M.Ravi For Respondent(s):

Mr.P.Anandha Kumar GA for R1 To R4

ORDER

This Writ Petition is filed seeking quashment of the records of the third respondent relating to orders in Pro.No.Ser.3(2)/ 13326/2012 dated 25.08.2014 and for consequential direction to the respondents to re-fix the seniority of the petitioner in the cadre of Tahsildar and Deputy Collector and to direct the first respondent to include the name of the petitioner in the list of Deputy Collectors

for the year on par with his junior Thiru.I.Mohamed Affrese Basha and to include his name in the list of Deputy Collectors for promotion as District Revenue Officer for the year 2001 and to grant notional promotions accordingly with all consequential benefits.

2. The petitioner, a retired Deputy Collector, joined service as a Junior Assistant in the year 1966 and was promoted as Deputy Collector on July 16, 1998, and he was retired from service on July 31, 2004. The petitioner claims that his seniority was not fixed correctly, despite acquiring a degree qualification while serving as Deputy Tahsildar, which should be considered for promotion purposes. Therefore, the petitioner has filed the present Writ Petition with the aforementioned prayer.

3. The learned counsel for the respondents submits that the petitioner has filed an appeal against the impunged order before the District Collector Salem, on September 18, 2014. Despite the appeal being pending, the petitioner prematurely filed the present Writ Petition. The learned counsel further submits

that the appeal was subsequently decided by the Appellate Authority on June 29, 2015.

4. Heard both sides and perused the records.

5. Since, the Appellate Authority has already passed orders, the petitioner ought to have challenged those order, instead of pursuing this Writ Petition and thereby, the cause in the present Writ Petition does not survive.

6. In view of the above, this Writ Petition was dismissed. No costs. Consequently, connected miscellaneous petitions are closed. K. SURENDER, J.

07-08-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Government of Tamilnadu Repd. by Chief Secretary to Government, Public (Special-A) Department, Secretariat, Chennai-600 009.

2.Government of Tamilnadu Repd. by Secretary to Government, Revenue Department, Secretary, Chennai-600 009.

3.The Additional Chief Secretary and Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

4.The District Collector Salem District, Salem.

5.Thiru.I.Mohammed Afroz Basha (Retired Deputy Collector), C/commissioner of Revenue Administration, Chepauk, Chennai-600 005.

6.V.Balasusbramanian (Retired Deputy Collector), C/commissioner of Revenue Administration, Chepauk, Chennai-600 005.

K. SURENDER, J.

jai 07-08-2025