S. Mugundha Madhavan v. The Government Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24519 of 2015 S.Mugundha Madhavan

...Petitioner

Vs.

1 The Government of Tamil Nadu rep. by the Principal Secretary to Government Rural Development and Panchayat Raj Department Fort St. George Chennai-9.

2 The Director of Rural Development and Panchayat Raj Chennai-5.

3 The Collector Krishnagiri Krishnagiri District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the Petitioner's representation dated 22-06-2015 with regard to fixation of the petitioner seniority as claimed in the said representation.

For Petitioner :

Mr.P.Rajendran For Respondents :

Mr.V.Subbiah Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner at present is working as Block Development Officer (Village Panchayat), Mathur, Krishnagiri District and initially he was appointed as Rural Welfare Officer Grade-II on 19.06.1985 and the seniority was fixed by the Collector, Dharmapuri and seniority of one of his juniors namely, S.Kalimuthu who joined duty on 23.11.1987 was assigned seniority no.159 and below the petitioner. The petitioner would state that his name was not included in the panel of Rural Welfare Officer (RWO) Grade I and the reason for non-inclusion of the name of the petitioner is that he did not pass the departmental test and continued to be a Probationer in the category of RWO Grade II.

It is the claim of the petitioner that he subsequently passed all the departmental test during the year 1993 and in the light of the G.O.(ID) No.629, Rural Development E-7 Department dated 24.12.2003, his seniority is to be re-fixed and in this regard, he submitted a representation dated 22.06.2015 to all the respondents and since he has not been favoured with any kind of response, came forward to file this writ petition. 3.This Court heard the submissions of Mr.P.Rajendran, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

4.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same directs the respondents to consider and dispose of the petitioner's representation dated 22.06.2015 on merits and in accordance with law after putting on notice Thiru.S.Kalimuthu and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the writ petitioner.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

pri To 1 The Principal Secretary to Government Rural Development and Panchayat Raj Department Fort St. George Chennai-9.

2 The Director of Rural Development and Panchayat Raj Chennai-5.

3 The Collector Krishnagiri Krishnagiri District.

1 CC to Mr.P.Rajendran, Advocate SR.No. 41820 1 CC to the Government Pleader, SR.No. 41606 W.P.No.24519 of 2015 VD (CO) PSI (26.08.2015)