A.Janarthana Kannan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

1. A.Janarthana Kannan 2.R.Yadhavan 3.Selvi S.Bharathi 4.M.Vediyappan 5.R.Ajeethkumar 6.E.Jayaganesan 7.K.Markandeyan 8.R.Veerasamy 9.C.Balamurugan 10.J.Arulseravanan 11.K.Bhaskar 12.S.Vijayalakshmi 13.A.Kokilavani 14.G.Devi Renuga 15.M.Baskar 16.S.Sathyanarayanan 17.S.Ravikumar 18.S.Ethiraj 19.A.Sampoornam ... Petitioners Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Commercial Taxes and Registration Department,

Secretariat, Chennai 600 009.

2. The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 600 005.

Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to pass appropriate orders declaring the approved lists issued by the second respondent in Proceedings No.(1). P2/28377/2009-1, dated 18.12.2009, (2). P2/7347/2010, dated 15.06.2010 and (3). P2/319/2011, dated 19.07.

2011 as regular approved lists and that the petitioners herein were regularly appointed as DCTOs and they are deemed to have completed their probation within a total period of two years of the continuous period of three years from the date of their initial appointment to the said post and to determine their seniority with reference to their date of initial appointment as DCTO and prepare the inter-se-seniority between the directly recruited DCTOs and the persons recruited by transfer from the Ministerial Service of the Commercial Taxes Department, by placing the petitioners herein in the appropriate place and thereafter issue further consequential orders of empanelment and promotion to the next higher level posts within a time frame fixed by this Hon'ble Court.

For Petitioners :

Mr.M.Ravi For Respondents :

Ms.K.Vasanthamala Government Advocate (T)

ORDER

This Writ Petition has been filed, seeking a direction to the respondents to pass appropriate orders declaring the approved lists issued by the second respondent in Proceedings No.(1). P2/28377/2009-1, dated

18.12.2009, (2). P2/7347/2010, dated 15.06.2010 and (3). P2/319/2011, dated 19.07.2011 as regular approved lists and that the petitioners herein were regularly appointed as DCTOs and they are deemed to have completed their probation within a total period of two years of the continuous period of three years from the date of their initial appointment to the said post and to determine their seniority with reference to their date of initial appointment as DCTO and prepare the inter-se-seniority between the directly recruited DCTOs and the persons recruited by transfer from the Ministerial Service of the Commercial Taxes Department, by placing the petitioners herein in the appropriate place and thereafter issue further consequential orders of empanelment and promotion to the next higher level posts.

2. On instruction, Mr.M.Ravi, learned counsel for the petitioners would submit that during the pendency of the writ petition, the second respondent had released provisional inter se seniority list of DCTO for the years from 1981 - 2022 vide proceedings No.P2/02-22/10/2023 dated 27.12.2023. In fact, in the provisional inter se seniority list published vide

the above proceedings, objections have been called for from the officers as under :

"7. Objections, if any, to the provisional inter se seniority lists redrawn now may be filed individually in writing within 15 (fifteen) days of issue of this order and where the objection is factual in nature, it shall be furnished with relevant documentary proof. The objections may be sent to the office of the undersigned appointing authority directly."

3. Hence, it is for the petitioner to check whether they have been rightly placed in the above seniority list and to accept or object the same. In view of the supervening circumstance, the issue involved in the writ petition, if needed, may be raised before the respondents by way of objection.

4. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 18.03.2024 Index: Yes / No Speaking order / Non-speaking order mtl

To:

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai 600 009.

2. The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 600 005.

R.N.MANJULA ,J.

mtl 18.03.2024