R.Sathish v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.19860 of 2020 and W.M.P.Nos.24530 & 24532 of 2020 (Heard through VC)

1. R.Sathish

2. R.Padmavathy

3. V.Padmini

4. G.Premavathi

5. M.Thamilselvan ... Petitioners -vs1. The Secretary to the Government, Revenue Department, Secretariat, Chennai-9.

2. The Principal Secretary / Commissioner of Revenue Administration, Ezhilagam, Chennai-5.

3. The District Collector, Chennai District, Chennai-1.

4. The District Revenue Officer, Chennai District, Chennai-1

5. The Tahsildar, Guindy Taluk, Chennai District.

... Respondents Common Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to consider and pass order on the representation of the petitioners dated 31.10.2020 to the promotion of the petitioner as per the eligibility acquire prior to 15.09.2019 based on the clarification provided under the G.O.(1D) No.03 by Revenue and Disaster Management Department, Services Wing, [Ser.3(2) section]. For Petitioners : Mr.V.Manohar For Respondents : Mr.J.Pothiraj Spl. Govt. Pleader *****

O R D E R

The petitioner has come forward with this writ petition, seeking a direction to the 3rd respondent to consider and pass order on the representation of the petitioner dated 31.10.2020 for grant of promotion as per the eligibility acquired prior to 15.09.2019 based on the clarification provided under the G.O.(1D) No.03 by Revenue and Disaster Management Department, Services Wing, [Ser.3(2) section].

2. Mr.J.Pothiraj, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. According to the Petitioners, they were appointed as Assistant in the Revenue Department by way of direct recruitment and since there was a chance of deprivation of promotion and inclusion of their names in the panel of the year 2019, they filed Writ Petitions in W.P.Nos.9322, 9324, 9259, 9323 and 9320 of 2020 and obtained an order of status quo on 10.09.2020. It is the grievance of the petitioners that despite suitable clarification issued by the 1st respondent, there was no progress in the matter of promotion and therefore, they made a representation to the 3rd respondent to grant promotion as per the eligibility criteria. Since there was no response on the representation, the petitioners have filed this writ petition.

4. Considering the facts and circumstances of the case, as the petitioners' representations are already pending with the authorities concerned, this Court directs the 3rd Respondents herein to consider the petitioners' representation dated 13.10.2020 and pass appropriate orders thereon, in accordance with law within a period of three months from the date of receipt of a copy of this order, with further direction to the 3rd respondent to communicate the decision taken on the representation, to the petitioners within a period of three weeks from the date of decision taken thereon. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ar

To:

1. The Secretary to the Government, Revenue Department, Secretariat, Chennai-9.

2. The Principal Secretary / Commissioner of Revenue Administration, Ezhilagam, Chennai-5.

3. The District Collector, Chennai District, Chennai-1.

4. The District Revenue officer, Chennai District, Chennai-1

5. The Tahsildar, Guindy Taluk, Chennai District.

+1cc to Mr.V. MANOHAR, Advocate, S.R.No.218 +1cc to the Government Pleader, S.R.No.176 PPA(CO) SM/22/02/2021 W.P.No.19860 of 2020