G.Kadher Hussain v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.24820 of 2023 1.G.Kadher Hussain 2.S.Jagatheesan 3.S.Jincy Meenakshi ... Petitioners

Versus

1. The State of Tamil Nadu Rep by its Principal Secretary to Government Commercial Taxes Department Secretariat, Chennai - 600 009 2.The Additional Chief Secretary/Commissioner of Commercial Taxes Commercial Taxes Department Ezhilagam, Chepauk Chennai - 600 005 3.C.Rajeswari 4.M.Bhavani 5.J.Senthilvel 6.S.Selvaganapathy 7.M.Satheeshkumar 8.D.Desaye 9.V.Kathiravan 10.C.Udhayarani 11.M.Lakshmi 12.V.Meenakshi 1/6

13.K.Vasuki 14.J.Shajee 15.A.Subramaniyam 16.M.Shanmugam 17.G.Arul Rani 18.B.Sasirekha 19.S.Andavar 20.TCP.Jayalakshmi 21.R.Janaki 22.N.Ramadoss 23.G.Nanthini 24.K.Sumathi 25.G.Vivekananthan 26.N.Anusuya 27.K.Sundara Raja 28.A.Satheesh Kumar 29.M.Ponmudi 30.S.Vediappan 31.V.Selvakumar 32.K.Malathi 33.R.Murugan 34.T.Selvi 35.M.Balamurugan 36.R.Gunasekaran 37.K.Vinayagam 38.S.Selvakumar 39.K.Velayutham 40.R.Kalaiselvan 41.V.Selvi 42.K.Padma 43.R.Pommusamy 44.K.Thirulogachandar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 2/6

to consider the representation of the petitioners dated 14.08.2023 and promote the petitioners as Assistant Commissioner (CT) in accordance with the seniority till such time not post any rank promotes for the promotion to Assistant Commissioner (CT) either adhoc basis or overlooking the petitioners. For Petitioner : Mr.S.Doraisamy For Respondents : Mr.Haja Nazirudeen, AAG-I assisted by Mr.M.Venkateswaran Special Government Pleader (Taxes)

ORDER

This writ petition has been filed seeking to direct the respondents 1 and 2 to consider the representation of the petitioners dated 14.08.2023 and promote the petitioners as Assistant Commissioner (CT) in accordance with the seniority till such time not post any rank promotes for the promotion to Assistant Commissioner (CT) either adhoc basis or overlooking the petitioners.

2. Now, Mr.Haja Nazirudeen, learned Additional Advocate General would submit that the issue with regard to the seniority in the mode of recruitment is pending before the Division Bench of this Court in W.A.No.1100 of 2023 and any decision will be taken only after the final orders of the writ appeal. 3/6

3. Heard both sides and perused the materials placed on record. This Court is of the view that subsequent to the orders of the writ appeals, the grievance of the persons concerned shall be taken into consideration.

4. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.09.2023 dhk Internet: Yes/No Index : Yes/No : Yes/No 4/6

To 1.The Principal Secretary to Government The State of Tamil Nadu Commercial Taxes Department Secretariat, Chennai - 600 009 2.The Additional Chief Secretary/Commissioner of Commercial Taxes Commercial Taxes Department Ezhilagam, Chepauk Chennai - 600 005 5/6

N. SATHISH KUMAR, J.

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