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Madras High CourtWP/18894/2019disposed of

C.Jayakumar v. The Additional Chief Secretary /

2019-10-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.18894 of 2019 C.Jayakumar,

...Petitioner

vs.

1.The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Salem District, Salem. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, to direct the respondents the claim of the petitioner for passing orders declaring satisfactory completion of probation in the post of Assistant on 12.08.2010 AN to the petitioner and including the name of the petitioner in the list of Deputy Tahsildars for the years 2016 in the appropriate place, under communal rotation for Schedule Caste and to grant him all consequential benefits.

For Petitioner : Mr.M.Ravi For Respondents : Mr.A.N.Thambi Durai Special Government Pleader

ORDER

The Writ Petition has been filed by the petitioner seeking direction to direct the respondents the claim of the petitioner for passing orders declaring satisfactory completion of probation in the post of Assistant on 12.08.2010 AN to the petitioner and including the name of the petitioner in the list of Deputy Tahsildars for the years 2016 in the appropriate place, under communal rotation for Schedule Caste and to grant him all consequential benefits.

2.The case of the petitioner is that the petitioner was directly recruited as Assistant by the TNPSC and was allotted to Salem District Revenue Department. The petitioner joined the duty on 13.08.2008, during the year 2009-2010, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has passed the Departmental Tests prescribed for probation. Even though, the petitioner completed the period of probation on 12.08.2010. However, no order has been passed declaring his probation in spite of a report dated 30.09.2016 sent by the Special Tahsildar (ADW) Sankagiri. Consequently, his promotion as Deputy Tahsildar, which has become due in 2016 under Communal rotation for Schedule Caste has been affected, despite his representation to the first respondent. The petitioner made representation to the first respondent, till date the representation was not considered. Hence, the petitioner filed a Writ Petition before this Court. 3.The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues direction to the respondent to consider the representation submitted by the petitioner and to dispose of the same within a reasonable time as fixed by this Court.

4.Without going into the merits of the case, I am inclined to issue direction to direct the respondents to consider the representation and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pam To 1.The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Salem District, Salem.

+1cc to the Government Pleader SR.88264 W.P.No.18894 of 2019 GP(CO) CB(09/12/2019) https://hcservices.ecourts.gov.in/hcservices/