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Madras High CourtWP/10615/2019disposed of

M.Bhuvaneswari v. Government Of Tamil Nadu

2019-04-22Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.04.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos. 10615 & 10617 of 2019 M.Bhuvaneswari ..Petitioner in W.P.No. 10615/2019 G.Suba Sundari ..Petitioner in W.P.No. 10617/2019 - Vs. -

1. The Government of Tamil Nadu, Rep. by its Secretary, Rural Development cum Panchayat Raj Department, Fort St.George, Chennai - 600 009.

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

3.The District Collector, Nagapattinam.

.. Respondents in both WPs'

Prayer in W.P.No. 10165 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to restore the seniority of the petitioner assigned by Tamil Nadu Public Service Commission as per Rule 35 (a) of Tamil Nadu State and Subordinate Service Rules by considering the representation dated 15.10.2018 of the petitioner.

Prayer in W.P.No. 10167 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to restore the seniority of the petitioner assigned by Tamil Nadu Public Service Commission as per Rule 35 (a) of Tamil Nadu State and Subordinate Service Rules so as to enable the petitioner to get promoted to the post of Deputy Block Development Officer on par with her juniors by considering the representation dated 10.10.2018 of the petitioner.

For Petitioner in Both WPs' : Mr.T.Sellapandian for M/s.S.Mani For Respondents in Both WPs' : Mr.R.S.Selvam Government Advocate COMMON ORDER The learned counsel for the writ petitioners states that against the final seniority list, the writ petitioners preferred an appeal to the second respondent and requested for revision of seniority. The said appeal is filed with reference to the rules and therefore, the second respondent is bound to consider the same and pass orders on merits and in accordance with law.

2. Thus, without going into the merits of the matter, second respondent is directed to consider the appeals submitted by the writ petitioners on 10.10.2018 and 15.10.2018 respectively and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

3. The writ petitioners are directed to enclose the copy of the appeal along with all other relevant documents passed in this regard. Accordingly, the writ petitions stand disposed of. However, there shall be no order as to costs. Pns Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Secretary, Government of Tamil Nadu, Rural Development cum Panchayat Raj Department, Fort St.George, Chennai - 600 009.

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

3. The District Collector, Nagapattinam.

+2cc to Mr.S.Mani, Advocate, SR.No.32504 W.P.Nos.10615 & 10617 of 2019 Kak(23/05/2019)