V.Saradha Rukumani v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 15391 of 2021 V.Saradha Rukmani .. Petitioner

Versus

The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government / Commissioner of Revenue Administration and Disaster Management Department, Ezhilagam, Chennai - 600 005.

Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to consider the petitioner's request dated 27.12.2016 and subsequent reminders dated 16.06.2020 and 08.02.2021 seeking to revise her seniority in the post of Deputy Collector by taking into account the seniority fixed in the post of Tahsildars for the year 2003 in 2016 and to include the petitioner's name in the panel of Deputy Collectors for the year 2008-2009 in the appropriate position below Mr.S.Christy, and grant promotion based on such inclusion in the relevant panel and seniority lists and consequential service benefits. For Petitioner : Mr. C.K.Chandrasekkar For Respondent : Mr. C.

Kathiravan Government Advocate O R D E R This writ petition is filed for issuance of a writ of mandamus directing the respondent to consider the petitioner's representation dated 27.12.2016 and subsequent reminders dated 16.06.2020 and 08.02.2021 seeking to revise her seniority in the post of Deputy Collector by taking into account the seniority fixed in the post of Tahsildars for the year 2003 in 2016 and to include the petitioner's name in the panel of Deputy Collectors for the year 2008-2009 in the appropriate position and grant promotion based on such inclusion in the relevant panel and seniority lists and consequential service benefits. https://hcservices.ecourts.gov.

2. The petitioner's grievance is that though she submitted her representation with regard to revision of her seniority in the post of Deputy Collector and District Revenue Officer, the same was not considered on the ground that charges against the petitioner are pending investigation. The case of the petitioner is that no charges were pending against her during the relevant period. Hence, learned counsel appearing for the petitioner states that a direction to the respondent to consider the petitioner's representation dated 27.12.2016, for inclusion of her name in the panel of Deputy Collector for the year 20082009, will be appropriate. In the said circumstances, this Court is of the view that the writ petition can be disposed with a direction to the respondent to consider the petitioner's representation dated 27.12.2016 and subsequent representations, on merits and in accordance with law.

3. 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 representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the respondent to consider the petitioner's representation dated 27.12.2016 and subsequent representations as well, regarding revision of petitioner's seniority in the post of Deputy Collector, and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bkn To The Additional Chief Secretary to Government / Commissioner of Revenue Administration and Disaster Management Department, Ezhilagam, Chennai - 600 005.

+1cc to Mr.C.K.Chandrasekkar, Advocate, S.R.No.35447 +1cc to the Government Pleader, S.R.No.36257 W.P. No. 15391 of 2021 AK-II(CO) SB(11/08/2021) https://hcservices.ecourts.gov.in/hcservices/