K.Meenakumari, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.2582 of 2018 and WMP.No.3182 of 2018 K.Meenakumari .. Petitioner Vs
1. The Government of Tamil Nadu, Rep. By it's Secretary, Commercial Taxes and Registration (H) Department, Fort St.George, Chennai-600 009.
2. The Inspector General of Registration, 100, Santhome High Road, Chennai- 600 104 .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondents to re-fix the petitioner's seniority for the post of District Registrar Grade-I and to promote the petitioner as Assistant Inspector General of Registration with retrospective effect with all monetary benefits thereon based on the petitioner's representation dated 10.01.2018 forthwith. For Petitioner : Mr.P.Ganesan for M/s.Law Vision For Respondents: Mr.R.P.Prathap Singh Government Advocate
O R D E R
This Writ Petition has been filed seeking for a direction to the respondents to re-fix the petitioner's seniority for the post of District Registrar Grade-I and to promote the petitioner as Assistant Inspector General of Registration with retrospective effect with all monetary benefits thereon based on the petitioner's representation dated 10.01.2018 forthwith.
2. The case of the petitioner is that the petitioner was recruited through Tamil Nadu Public Service Commission and appointed by direct recruitment as Grade II Sub-Registrar on 30.10.2001 and subsequently got promoted as Grade I Sub Registrar and District Registrar on 31.08.2011and now she is serving as a District Registrar (Audit) at Tirupur. It is further stated that the petitioner has rendered 16 years of service. In the meantime, the petitioner was issued a charge Memo dated 07.01.2014 alleging certain irregularities,for which the petitioner submitted a detailed explanation denying the charges. However, after considering the matter for about four long years, the first respondent finally accepting her explanation dropped the charges levelled against the petitioner vide Government Order in G.O.No.2 dated 04.01.2018.
Immediately, the petitioner sent a representation on 10.01.2018 to the respondents, requesting for promotion on par with her junior, since during the interregnum period of the pendency of the disciplinary proceedings, her junior was given promotion. Hence, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.
2. Heard the learned counsel for the petitioner as well as learned Government Advocate who accepts notice on behalf of the respondents 1 and 2.
3. The learned Government Advocate appearing for the respondents 1 and 2 would submit that four weeks time may be given to the respondents to consider the representation of the petitioner dated 10.01.2018.
4. In view of the submissions made by the learned counsel appearing on either side and also considering the fact that the charges levelled against the petitioner was dropped by the first respondent on 04.01.2018, this Court directs the respondents to consider and dispose of the representation of the petitioner dated 10.01.2018 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar
To
1. The Secretary, The Government of Tamil Nadu, Commercial Taxes and Registration (H) Department, Fort St.George, Chennai-600 009.
2. The Inspector General of Registration, 100, Santhome High Road, Chennai- 600 104 + 1 cc to M/s.Law Vision, Advocate,SR.9151 + 1 cc to The Govt.Pleader, SR.9714 W.P.No.2582 of 2018 cnr(co) nr 20/02/2018