R.Murugan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN R.Murugan ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep by its Secretary, Commercial Taxes and Registration Department, Secretariat, Chennai.

2.The Additional Chief Secretary, Commissioner of Commercial Taxes, Ezhilagam, II Floor, Chepauk, Chennai - 600 005.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st and 2nd respondents consider my representation dated 20.05.2024 and 18.06.2024 for promotion to the post of Deputy Commissioner [CT] from the post of Assistant Commissioner [CT], from the promotional panel of Commercial Taxes and Registration [E2] Department, by including me in the temporary list of Deputy Commissioner [ST], from the date of promotion of erstwhile Junior namely Nalani and grant all consequential benefits including for the purpose of higher pensionary benefits.

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For Petitioner : Mr.R.Ramesh For Respondents : Mrs.K.Vasantha Mala Government Advocate (Tax)

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the 1st and 2nd respondents to consider his representations dated 20.05.2024 and 18.06.2024 for promotion to the post of Deputy Commissioner [CT] from the post of Assistant Commissioner [CT], from the promotional panel of Commercial Taxes and Registration [E2] Department, by including the petitioner in the temporary list of Deputy Commissioner [ST], from the date of promotion of erstwhile Junior namely Nalani.

2. It is the contention of the learned counsel for the petitioner that the petitioner is eligible to be promoted as Deputy Commissioner [CT]. But inspite of his eligibility, he was not considered. Thereafter, made a representations dated 20.05.2024 and 18.06.2024 to the 1st respondent seeking all the benefits. Since, there was no response from the 1st respondent, the petitioner filed the present writ petition. 2/5

3. The learned Government Advocate (Tax) for the respondents would submit that similar matter is pending before the Hon'ble Supreme Court in respect of direction to the post of Deputy Commissioner.

4. Heard the learned counsel for both sides and perused the materials available on record.

5. Though there is disputed facts between the parties, taking into consideration of the fact that the representations made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the 1st respondent to consider the representations dated 20.05.2024 and 18.06.2024 on it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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6. In the result, this Writ Petition is disposed of with the above observations. No costs.

03.06.2025 jas Index : Yes Speaking order To 1.The Government of Tamil Nadu, Rep by its Secretary, Commercial Taxes and Registration Department, Secretariat, Chennai.

2.The Additional Chief Secretary, Commissioner of Commercial Taxes, Ezhilagam, II Floor, Chepauk, Chennai - 600 005.

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C.KUMARAPPAN, J.

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