Madras High CourtWP/20254/2012disposed of

M.Rathinaswami, B.Com., v. The State Of Tamil Nadu,

2017-11-03Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20254 of 2012 M.RATHINASWAMI [ PETITIONER ] Vs 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT, CHENNAI-600 009.

2. THE PRINCIPAL SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT SECRETARIAT, CHENNAI-600 009.

3 THE PRINCIPAL SECRETARY AND COMMISSIONER OF REVENUE ADMINISTRATION EZHILAGAM, CHEPAUK CHENNAI-600 005.

4 THE DISTRICT COLLECTOR COIMBATORE DISTRICT COIMBATORE-641 018.

[ RESPONDENTS ] Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first respondent to consider and pass appropriate orders on the representations of the petitioner dated 19.12.07 and 17.11.11 for the inclusion of his name in the list of Deputy Collector for the year 2005,

2006 and consequently in the list of District Revenue Officer for the year 2009 over and above the name of petitioner's junior, by relaxing the Rule 3(a) and S.No.2(ii)(a) of Annexure and the first and second provisions to Rule 2(a)(iv) of the Special Rules for the Tamil Nadu Civil Service prescribing the minimum period of service as Tahsildar and Deputy Collector as on the crucial date with all monetary and service benefits.

For Petitioner :Mr.E.P.Senniyan GiriG.Sankaran For Respondents :Mr.T.Vijayakumar Addl.Govt.Pleader * * * * *

O R D E R

The relief sought for in this Writ Petition is for a direction to direct the first respondent to consider and pass appropriate orders on the representations of the petitioner dated 19.12.07 and 17.11.11, for the inclusion of his name in the list of Deputy Collector for the year 2005, 2006 and consequently in the list of District Revenue Officer for the year 2009 on par with his junior.

2.Th learned counsel appearing for the writ petitioner made a submission that the right of promotion to the writ petitioner on par with his junior was denied and in that regard, though the writ petitioner submitted representations on 19.12.2007 and 17.11.2011,

till date, no order has been passed on the aforesaid representations. 3.Thus, without going into the merits and demerits of the matter, the first respondent is directed to consider the representations submitted by the writ petitioner dated 19.12.2007 and 17.11.2011 , and pass appropriate 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. The writ petitioner is directed to enclose the copies of the representations and other other relevant documents along with the order passed today in this Writ Petition.

The Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Rpa 03.11.2017 To 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT, CHENNAI-600 009.

2. THE PRINCIPAL SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT SECRETARIAT, CHENNAI-600 009.

3 THE PRINCIPAL SECRETARY AND COMMISSIONER OF REVENUE ADMINISTRATION EZHILAGAM, CHEPAUK CHENNAI-600 005.

4 THE DISTRICT COLLECTOR COIMBATORE DISTRICT

COIMBATORE-641 018.

S.M.SUBRAMANIAM, J., rpa W.P.No. 20254 of 2012 03.11.2017