K. Jagadeeswaran v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.08.2017

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.22678 of 2017 and W.M.P.No.23777 of 2017 K.Jagadeeswaran .. Petitioner

Versus

1. The State of Tamil Nadu, represented by its Secretary to Government, Rural Department and Panchayat Raj Department, Fort St. George, Chennai - 600 009.

2. The Director of Rural Development Panchayat Raj Department, Panagal Buildings, Saidapet, Chennai - 600 015.

3. The District Collector, Salem District, Salem.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's appeal petition dated 14.06.2017 to re-fix his seniority in the seniority list published by the third respondent in Na.Ka.No.1865/2017/Ni4 dated 25/04/2017 in the cadre of Assistant, above his junior with all consequential and other attendant benefits including promotion.

For Petitioner : Mr.V.Jaisankar For Respondents : Mr.K.Dhananjayan Special Government Pleader

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents 1 to 3 to consider the appeal submitted by the writ petitioner on 14.06.2017, in relation to re-fixation of his seniority in the seniority list published by the third respondent dated 25.04.2017. 2.The learned counsel appearing for the writ petitioner stated that the writ petitioner is working as an Assistant in the office of the Thalaivasal Panchayat Union, Athur Taluk, Salem District.

3.The seniority list was published by the third respondent in proceedings Na.Ka.No.1865/2017/Ni4 dated 25.04.2017. Aggrieved from and out of seniority list, the writ petitioner made an appeal under the rules to the respondents to consider his grounds for re-fixation of seniority and the same is kept pending without passing any final orders.

4.Thus, without going into the merits and demerits of the matter, the second respondent is directed to consider the representation submitted by the petitioner on 14.06.2017 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition stands disposed of. However, there is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar AT

To

1. The Secretary to Government, Rural Department and Panchayat Raj Department, Fort St. George, Chennai - 600 009.

2. The Director of Rural Development Panchayat Raj Department, Panagal Buildings, Saidapet, Chennai - 600 015.

3. The District Collector, Salem District, Salem.

+1 cc to M/s.V.Jaishankar Advocate sr 61740 +1 cc to the Government Pleader sr 62598 W.P.No.22678 of 2017 and W.M.P.No.23777 of 2017 ks(co) aa14/09/2017