P.S.Balamurugan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.26604 of 2019 P.S.Balamurugan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government Revenue Department Secretariat, Chennai - 600 009 2.The Additional Chief Secretary/ Commissioner of Revenue Administration Chepauk, Chennai - 600 005 3.The District Collector Salem District Fort Main Road First Agraharam Salem, Tamil Nadu - 636 001 ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.07.2019 in the light of order passed by the 2nd respondent circular No.01/2019 ROC.No.Ser.3(3)/42324/2013 dated 29.06.2019 based on Hon'ble Supreme Court judgment in C.A.No.251-256/2015 order dated 12.03.2019 and also direct the 3rd respondent to include the petitioner's name in the Panel list of Deputy Tahsildar for the year 2017 for Salem District and promote petitioner to the post of Deputy Tahsildar with effect from 15.09.2017.

For Petitioner : Mr.Durai Gunasekaran For Respondents : Mr.K.S.Suresh Government Advocate

O R D E R

Mr.K.S.Suresh, learned Government Advocate accepts notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner is working as Senior Revenue Inspector at District Collector's Office, Salem District. The petitioner was appointed through direct recruitment and was appointed by the 3rd respondent vide proceedings dated 08.03.2012 and joined duty on 14.03.2012 and the petitioner also completed the relevant department tests and other relevant training within the stipulated period. While being so, the 3rd respondent prepared and approved the Deputy Tahsildar Promotion panel 2017 dated 31.10.2017, wherein the petitioner's name was omitted. However, his name was included in the 2018 promotion panel dated 06.10.2018. Therefore, the petitioner sent representation on 27.05.2019 to include his name in 2017 panel. Since the same was not considered, the petitioner has filed the present writ petition.

3.The learned counsel for the petitioner would submit that it would suffice if a direction is issued to the respondents to consider the petitioner's representation dated 16.07.2019, in the light of order passed by the 2nd respondent in circular No.01/2019 ROC.No.Ser.3(3)/42324/2013 dated 29.06.2019 based on Hon'ble Supreme Court judgment in C.A.No.251-256/2015 order dated 12.03.2019.

4.Thus, without going into the merits of the case, the 2nd respondent is directed to consider the representation submitted by the petitioner on 16.07.2019 and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to enclose a copy of the representation along with the order copy of this writ petition.

5.Accordingly, this writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (Insp.cell) //True Copy// Sub Assistant Registrar rm

To 1.The Secretary to Government, The State of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary/ Commissioner of Revenue Administration Chepauk, Chennai - 600 005.

3.The District Collector, Salem District, Fort Main Road, First Agraharam Salem, Tamil Nadu - 636 001 +1cc to Mr.Durai Gunasekaran Advocate, S.R.No.77240 +1cc to the Government Pleader, S.R.No.77735 BP(CO) CB(18/09/2019) W.P.No.26604 of 2019