R.Jainalaptheen v. The Principal Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2015
CORAM
THE HON'BLE Mr. JUSTICE K.KALYANASUNDARAM W.P.No.36181 of 2015 and MP.No.1 of 2015 1.R.Jainalaptheen 2.J.Partheeban 3.R.Keerthy Priyadarshini 4.R.Abirami 5.B.Arun Sathya 6.T.Palani Kumar 7.M.Sharmila 8.A.Anushya Devi 9.P.Maneha 10.M.Priyadarshini 11.A.Sivapriya 12.R.Janana Soundarya 13.R.Manuel Raj
...Petitioners
vs.
1. The Principal Secretary to the Government, Public Department, Secretariat, Fort St. George, Chennai 600 009.
2. The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.
3. The Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
4. The Secretary, Tamil Nadu Public Service Commission, Chennai 600 104.
...Respondents
Writ Petition has been filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to prepare an interse seniority between the directly recruited Deputy Collectors for the year 2008-09 and 2009-10 and promote Deputy Collectors and publish the same and finalize the seniority and prepare the panel for promotion to the post of District Revenue Officer for the year 2015-16 and grant them all consequential service and monetary benefits. For Petitioners :
Mr.K.Venkataramani, SC for Mr.M.Muthappan For R1 to R3 :
Mr.V.Jayaprakash Narayanan, SGP For R4 :
M/s.C.N.G.Niraimathi
O R D E R
Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the respondents 1 to 3. M/s.C.N.G.Niraimathi, learned standing counsel takes notice for the fourth respondent. By consent, the writ petition is taken up for final disposal at the time of admission itself. 2.The present writ petition has been filed, seeking a writ of Mandamus, directing the respondents to prepare an inter-se seniority between the directly recruited Deputy Collectors for the year 2008-09 and 2009-10 and promote Deputy Collectors and publish the same and finalize the seniority and prepare the panel for promotion to the post of District Revenue Officer for the year 2015-16 and grant them all consequential service and monetary benefits.
3.The case of the petitioners is that they were directly recruited as Deputy Collectors through a selection conducted by the Tamil Nadu Public Service Commission and the petitioners 1 to 12 and 13 were appointed so on 30.03.2012 and 30.11.2012 respectively, though the result was published on 24.06.2011. 4.Now the grievance of the petitioners is that their next promotional avenue is District Revenue Officer from the feeder category Post of Deputy Collector. However, the respondents, without finalising the inter-se seniority between the direct recruitees of the Deputy Collectors and the promotees of the Deputy Collectors, prepared the promotional panel to the post of District Revenue Officer for the year 2015-16. Hence, the
petitioners submitted a representation to the respondents individually. Since their representations were not considered by the respondents, the petitioners filed the present writ petition.
5.Heard Mr.K.Venkataramani, learned Senior counsel for the petitioners, Mr.V.Jayaprakash, learned Special Government Pleader for the respondents 1 to 3 and M/s.C.N.G.Niraimathi, learned standing counsel for the fourth respondent. 6.Though the petitioners prayed for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the case, directs the petitioners to submit a fresh representation along with a copy of this order to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of the representation, the respondents are directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter and communicate the decision taken by them to the petitioners. 7.With the above directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rk To
1. The Principal Secretary to the Government, Public Department, Secretariat, Fort St. George, Chennai 600 009.
2. The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.
3. The Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
4. The Secretary, Tamil Nadu Public Service Commission, Chennai 600 104.
1 CC to Mr.M.Muthappan, Advocate SR.No. 61476 1 CC to the Government Pleader, SR.No. 61769 WP.No.36181 of 2015 TEJ (CO) PSI (27/11/2015)