Madras High CourtWP/14847/2021disposed of

M.Srinivasan v. Government Of Tamil Nadu

2021-07-19Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P.No.14847 of 2021 M.Srinivasan .. Petitioner

Versus

1.The Government of Tamil Nadu, Represented by Secretary to Government, Registration & Commercial Taxes Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Inspector General of Registration, No.100, Santhome High Road, Mulima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing 1st and 2nd respondents herein to pass appropriate order on the proposals of the District Registrar, Villupuram in Na.Ka.No.17016/A5/2019 dated 08.05.2019 and in Na.Ka.No.3232/A1/2018 dated 15.07.2019 and by extending the benefits of G.O.(D) No.74, Commercial Taxes and Registration Department dated 19.04.2018, to grant him all consequential service and monetary benefits including revised retirement and pensionary benefits in the post of Assistant Inspector General of Registration as on 31.03.2019 along with interest on delayed payments, all within a limited period.

For Petitioner : Mr.M.Ravi For Respondents : Mr.C.Kathiravan Government Advocate O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus directing 1st and 2nd respondents herein to pass appropriate order on the proposals of the District Registrar, Villupuram in Na.Ka.No.17016/A5/2019 dated 08.05.2019 and in Na.Ka.No.3232/A1/2018 dated 15.07.2019 and by extending the benefits of G.O.(D) No.74, Commercial Taxes and Registration Department dated 19.04.2018, to grant him all consequential

service and monetary benefits including revised retirement and pensionary benefits in the post of Assistant Inspector General of Registration as on 31.03.2019 along with interest on delayed payments, within a limited period.

2.The petitioner's promotion was delayed owing to pendency of a criminal case as well as disciplinary proceedings against him. The petitioner was also placed under suspension on account of various proceedings against him. It is stated by the learned counsel appearing for the petitioner that the criminal case against the petitioner ended in his favour and he is acquitted. It is stated by the petitioner that disciplinary proceedings were also dropped and the order of suspension was revoked. 3.The grievance of the petitioner is that, after revocation of petitioner's suspension and dropping of proceedings, the consequential monetary benefits have not been granted to him. In this regard, the petitioner has made several representations.

It is further contended that the District Registrar has submitted a report to the Inspector General of Registration, recommending the petitioner's promotion to the posts of Sub Registrar Grade-I, District Registrar and Assistant Inspector General of Registration. Since the petitioner's representations have not been considered by the respondents, the petitioner has preferred the above writ petition for issuance of writ of mandamus.

4.The learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the second respondent to consider the proposals of the District Registrar dated 08.05.2019 and 15.07.2019, and pass orders within a time stipulated by this Court. 5.Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's submissions or the case pleaded before this Court, the second respondent is directed to consider the proposals of the District Registrar dated 08.05.2019 and 15.07.2019 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.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar

ssr To 1.The Secretary to Government, Registration & Commercial Taxes Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Inspector General of Registration, No.100, Santhome High Road, Mulima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.

+1cc to the Government Pleader, S.R.No.34946 W.P.No.14847 of 2021 GSM(CO) CB(18/08/2021)