N.Krishnamoorthy v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.15401 to 15415 of 2014 N.Krishnamoorthy ... Petitioner in WP.No.15401 of 2014 A.Ramakrishnan ... Petitioner in WP.No.15402 of 2014 Thavasumony ... Petitioner in WP.No.15403 of 2014 S.Dharmalingam ... Petitioner in WP.No.15404 of 2014 S.Aathilakshmi ... Petitioner in WP.No.15405 of 2014 A.Nagarajan ... Petitioner in WP.No.15406 of 2014 S.Gopidoss ... Petitioner in WP.No.15407 of 2014 K.Selvaraj ... Petitioner in WP.No.15408 of 2014 M.Jolivadeswari ... Petitioner in WP.No.15409 of 2014 K.Kathiresan ... Petitioner in WP.No.15410 of 2014 D.Kanagarathinam ... Petitioner in WP.No.15411 of 2014 C.Budhamohan ... Petitioner in WP.No.15412 of 2014 R.Ravi ... Petitioner in WP.No.15413 of 2014 B.Shunmugavadivu ... Petitioner in WP.No.15414 of 2014 M.Vijaya ... Petitioner in WP.No.15415 of 2014 Vs.
1. The Secretary to Government, Commercial Taxes & Registration Department, Fort St. George, Chennai - 09.
2. The Inspector General of Registration, Santhome, Chennai - 600 028.
... Respondents in all WPs Prayer in WP.No.15401 of 2014: This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the second respondent in No.2100/A5/2013 dated 17.07.2013 and quash the same and further direct the respondents to promote the petitioner as Sub Registrar Grade - II as per G.O.(3D).No.2 dated 12.03.2007 and G.O.173 dated 13.10.2010 with all consequential service and monetary benefits.
Prayer in WP.Nos.15402 to 15415 of 2014: These Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to promote the petitioners as Sub Registrar Grade - II and the subsequent promotion notionally as per G.O.(3D).No.2 dated 12.03.2007 and
G.O.Ms.No.173 dated 13.10.2010 with all consequential service and monetary benefits.
For Petitioners: Mr.S.Sivakumar in all WPs For Respondents: Mr.T.M.Pappiah Special Government Pleader in all WPs COMMON ORDER The writ petition bearing No.15401 of 2014 has been filed by the petitioner to quash the order dated 17.07.2013 passed by the second respondent and for consequential direction to the respondents, whereas other writ petitions viz., WP.Nos.15402 to 15415 of 2014 have been filed seeking a direction to the respondents to promote the petitioners as Sub Registrar GradeII and subsequent promotion notionally as per G.O.(3D).No.2 dated 12.03.2007 and G.O.Ms.No.173 dated 13.10.2010 with all consequential service and monetary benefits.
2.Since the issue involved herein is similar in nature, all the writ petitions were heard together and are decided by this common order.
3.According to the petitioners, they entered into the service as Junior Assistants in the Registration Department and were promoted as Assistants and some of them were further promoted as Sub Registrar Grade-II. Thereafter, they retired from service on reaching the age of superannuation. The service details of the petitioners at the time of filing these writ petitions, are given below:
Promoted as Assistant on Date of superannuat ion Sl. WP numbers Name of the Petitioners Appointme nt Date 1.
15401 of N.Krishnamoorthy 26.12.1983 24.01.1994 30.11.2009
2. 15402 of A.Ramakrishnan 26.07.1982 17.01.1994 31.07.2007 3.
15403 of Thavasumony 08.02.1984 19.01.1994 30.06.2007 4.
15404 of S.Dharmalingam 14.04.1972 01.04.1998 31.05.2003 5.
15405 of S.Aathilakshmi 08.09.1986 08.09.1995 ----
6. 15406 of A.Nagarajan 23.08.1983 17.01.1994 ----
Promoted as Assistant on Date of superannuat ion Sl. WP numbers Name of the Petitioners Appointme nt Date 7.
15407 of S.Gopidoss 27.07.1988 01.09.1995 ----- 8.
15408 of K.Selvaraj 25.05.1981 23.01.1994 31.01.2013 9.
15409 of M.Jolivadeswari 02.07.1986 17.01.1994 -----
10. 15410 of K.Kathiresan 31.07.1987 17.01.1994 31.08.2011
11. 15411 of D.Kanagarathinam 07.07.1986 17.01.1994 31.01.2011
12. 15412 of C.Budhamohan 22.08.1983 17.01.1994 -----
13. 15413 of R.Ravi 16.09.1983 17.01.1994 30.04.2012
14. 15414 of B.Shunmugavadivu 01.06.1981 07.08.1995 30.06.2006
15. 15415 of M.Vijaya 26.12.1986 04.09.1995 ---- It is the further case of the petitioners that the Rules prescribed the qualification for promotion to the post of Sub Registrar Grade-II is 8 years of service including two years of service as Assistants and the petitioners have possessed such qualification, their names were not included in the promotion panel for the year 1996-97, whereas their juniors were promoted with retrospective effect. It is also submitted that to rectify the anomaly in the fixation of seniority among the categories of Assistant, Junior Assistant and Typist or Steno typist, the second respondent constituted a committee, as per the report of which, G.O.(3D).No.2 dated 12.03.2007 and G.O.No.173 dated 13.10.2010 came to be issued by the second respondent. Based on the said G.
Os, similarly placed persons were given promotion notionally. However, such benefit was not extended to the petitioners herein relying on the subsequent amendment to Rule 4 (b) of G.O.Ms.No.33, Commercial Taxes and Revenue Department, dated 24.02.1999. The petitioners further pointed out that the representation given by the petitioner in WP.No.15401 of 2014 seeking the said benefit, was rejected, by order dated 17.07.2013 passed by the second respondent. On the other hand, the representations given by the petitioners in other writ petitions on 24.12.2012 were not considered. Hence, these writ petitions.
4.However, today, when the matters were taken up for consideration, the learned counsel for the petitioners submitted that it would suffice, if the representations of the petitioners dated 24.12.2012 are directed to be considered by the respondents within a time frame to be stipulated by this Court, for which, the learned Special Government Pleader appearing for the respondents has no serious objection.
5.Considering the limited relief now sought by the learned counsel for the petitioners, which has not been seriously opposed on the side of the respondents, this Court directs the respondents to consider the petitioners' representations dated 24.12.2012, if not already considered, and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.Accordingly, all these writ petitions stand disposed of. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vrc To
1. The Secretary to Government, Commercial Taxes & Registration Department, Fort St. George, Chennai - 09.
2. The Inspector General of Registration, Santhome, Chennai - 600 028.
+5 CCS to Mr.S. Sivakumar, Advocate sr 5401.
+1 CC to The Government Pleader sr 6091.
W.P.Nos.15401 to 15415 of 2014 SRII(CO) SP(20/05/2021)