A.Duraisamy v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A.Duraisamy .. Petitioner in W.P.No.22583 of 2023 P.Jayakumar .. Petitioner in W.P.No.22586 of 2023

Versus

1.Government of Tamil Nadu Rep by its Secretary Revenue Department Secretariat, Chennai - 600 009 2.The Commissioner of Revenue Administration and Disaster Management Ezhilagam, Chepauk Chennai - 600 005 3.The District Collector Coimbatore District Coimbatore 4.The District Revenue Officer Office of the District Revenue Officer Coimbatore South 5.The Tahsildar Office of the Tahsildar Madukkarai Taluk Coimbatore District .. Respondents in both cases 1/6

Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to promote and upgrade the petitioners as Office Assistant from the date of completion of 10 years of regular service as Village Assistant or from the date on which the persons who got regularization like the petitioners in the post of Village Assistant were promoted as Office Assistants with all consequential benefits by framing, notifying and implementing an appropriate and suitable scheme in this regard within a specified time as may be fixed by this Hon'ble Court and to count their entire service for pension and other terminal benefits and to sanction and pay their pension and other terminal benefits as applicable to the post of Office Assistant, Award costs.

Both cases For Petitioners : Mrs.V.Porkodi for Mr.V.Ajoy Khose For Respondents : Mr.P.

on which the persons who got regularization like the petitioners in the post of Village Assistant were promoted as Office Assistants with all consequential benefits by framing, notifying and implementing an appropriate and suitable scheme in this regard within a specified time as may be fixed by this Court and to count their entire service for pension and other terminal benefits and to sanction and pay their pension and other terminal benefits as applicable to the post of Office Assistant, Award costs.

2. Since, the facts and circumstances of these cases are identical in nature, these cases are disposed of by way of this Common Order.

3. It is the case of the writ petitioners that they were selected and appointed as Village Assistant by the fifth respondent on temporary and parttime basis. Their services were also regularised. It is their grievance that they are not granted with promotion and no seniority list has been published since 29.02.2012. In this regard, they had submitted representations dated 28.01.2023, which are pending without consideration till date. Hence, these writ petitions.

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4. The learned Special Government Pleader, on instructions, submitted that the representation of the petitioners are under process and the third respondent has to pass orders.

5. Such view of the matter, considering the limited relief sought for in this writ petition, this Court, without going into merits of the case, directs the third respondent to consider the representation of the petitioners dated 28.01.2023 and pass orders on its own merits within a period of one month from the date of receipt of a copy of this Order.

6. With these directions, these writ petitions stands stands disposed of. No costs.

01.08.2023 dhk Index:Yes/No Internet: Yes/No 4/6

To 1.Government of Tamil Nadu Rep by its Secretary Revenue Department Secretariat, Chennai - 600 009 2.The Commissioner of Revenue Administration and Disaster Management Ezhilagam, Chepauk Chennai - 600 005 3.The District Collector Coimbatore District Coimbatore 4.The District Revenue Officer Office of the District Revenue Officer Coimbatore South 5.The Tahsildar Office of the Tahsildar Madukkarai Taluk Coimbatore District 5/6

N.SATHISH KUMAR, J.

dhk W.P.Nos.22583 & 22586 of 2023 01.08.2023 6/6