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Madras High CourtWP/20663/2023disposed of

P.Elangovan v. Government Of Tamilnadu

2023-07-13Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.20663 of 2023 P.Elangovan ... Petitioner Vs

1. The Government of Tamilnadu Rep. by its Secretary, Commercial Taxes Department, Secretariat, Chennai - 600 009.

2. The Registration General of Registration, Registration Department, Chennai - 600 028.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first and second respondents to give notional promotion as Assistant Panel for the year 1996 - 1997 dated 13.09.1996 and Sub Registrar Grade - II Panel for the year 2011-2012 dated 28.12.2011 and further promotion as a Sub Registrar Grade - I panel for the year 2014 - 2015 dated 30.12.2014 on par with junior R.Venkatachalam with all other consequential monetary benefits as per Tamilnadu Government Servants [Conditions of Service] Act, 2016 Section 7[1] [19] and FR.27[17] of the Tamilnadu 1/5

Fundamental Rule. Based on Government G.O.[D] No.167, Commercial Taxes and Registration [K] Department, dated 16.09.2019 by considering the representation dated 20.08.2022, based on the recommended by the District Registrar Namakkal [this recommendation made based on the Order of this Court in W.P.No.14386 of 2007 dated 17.11.2014] in Na.Ka.No.2634/A1/2017 dated 03.05.2018 within a time limit that may be fixed by this Court.

For Petitioner : Mr.S.Mani For Respondents : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This Writ Petition has been filed to direct the first and second respondents to give notional promotion as Assistant Panel for the year 1996 - 1997 dated 13.09.1996 and Sub Registrar Grade - II Panel for the year 2011-2012 dated 28.12.2011 and further promotion as a Sub Registrar Grade - I panel for the year 2014 - 2015 dated 30.12.2014 on par with junior R.Venkatachalam with all other consequential monetary benefits as per Tamilnadu Government Servants [Conditions of Service] Act, 2016 Section 7[1] [19] and FR.27[17] of the Tamilnadu 2/5

Fundamental Rule based on Government G.O.[D] No.167, Commercial Taxes and Registration [K] Department, dated 16.09.2019 by considering the representation dated 20.08.2022 based on the recommended by the District Registrar Namakkal [this recommendation made based on the Order of this Court in W.P.No.14386 of 2007 dated 17.11.2014] in Na.Ka.No.2634/A1/2017 dated 03.05.2018 within a time limit that may be fixed by this Court.

2. The grievance of the writ petitioner is that despite the recommendation made by the District Registrar by his proceedings dated 03.05.2018 to grant promotion to the petitioner, no order has been passed thereafter. In this regard, the petitioner has given a representation on 20.08.2022. Hence, she seeks a direction to the respondents to consider the representation of the petitioner and pass Orders on the same.

3. Since limited relief is sought, the first respondent is directed to consider the recommendation made by the second respondent by his proceedings dated 03.05.2018 and pass Orders on the representation of 3/5

the petitioner dated 20.08.2022 within a period of four weeks from the date of receipt of a copy of this Order.

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

13.07.2023 Index:Yes/No vrc To,

1. The Government of Tamilnadu Rep. by its Secretary, Commercial Taxes Department, Secretariat, Chennai - 600 009.

2. The Registration General of Registration, Registration Department, Chennai - 600 028.

4/5

N.SATHISH KUMAR, J.

vrc WP.No.20663 of 2023 13.07.2023 5/5