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Madras High CourtWP/24290/2021disposed of

R.Nagarajan v. The Government Of Tamil Nadu

2024-02-22Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.24290 of 2021 R.Nagarajan ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai 600 009.

2. The Director of Rural Development & Panchayatraj Department, Panagal Building, Saidapet, Cehnnai 600 015.

3. The District Collector (PD Section) Coimbatore District, Coimbatore.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to fix the seniority of the petitioner in the appropriate place (Sl. No.13(a)/BDO Seniority No.4957A in the inter se seniority list of Block Development Officers promoted during the year 2011 as per the proceedings of the 2nd Respective in Proceedings bearing No.72310/2014/G.E.12, dated 07.01.2016 together with all consequential benefits like arrears of pay and other allowances.

For Petitioner :

Ms.T.Hemalatha For Respondents :

Mr.S.Arumugam, Government Advocate

ORDER

The petitioner has filed this Writ Petition, seeking a direction to the Respondents to fix the seniority of the petitioner in the inter se seniority list of Block Development Officers promoted during the year 2011 as per the proceedings of the 2nd Respective in Proceedings bearing No.72310/2014/G.E.12, dated 07.01.2016 together with all consequential benefits like arrears of pay and other allowances.

2. Mr.S.Arumugam, learned Government Advocate appearing for the Respondents submitted that the petitioner's seniority has not been fixed only in view of charges framed against him under Rule17 (b) of the Tamil Nadu Civil Service (Discipline & Appeal) Rules.

3. The learned counsel for the petitioner submitted that the disciplinary proceedings have been stopped in view of the G.O.Ms.No.163, Rural Development & Panchayat Raj (E1) Department, dated 01.07.2022

issued by the first respondent. He has also produced the said G.O to that effect.

4. Since the charges framed against the petitioner have been dropped, this Writ petition is disposed of and the respondents are directed to re-fix the seniority / inter se seniority of the petitioner as per the proceedings of the 2nd Respective in Proceedings No.72310/2014/G.E.12, dated 07.01.2016 together with all consequential benefits on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

22.02.2024 Index: Yes / No Speaking order / Non-speaking order vum

R.N.MANJULA ,J.

vum To:

1. The Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai 600 009.

2. The Director of Rural Development & Panchayatraj Department, Panagal Building, Saidapet, Cehnnai 600 015.

3. The District Collector (PD Section) Coimbatore District, Coimbatore.

W.P. No.24290 of 2021 22.02.2024