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Madras High CourtWP/27007/2023disposed of

A.Thavamani v. The Commissioner Of Revenue Administration

2023-09-13Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.Thavamani ... Petitioner Vs

1. The Commissioner of Revenue Administration and Disaster Management, Chepauk, Chennai - 600 005.

2. The District Collector, Coimbatore District, Tamilnadu - 641 018.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 02.06.2022 and 09.06.2022 to include the petitioner's name in Deputy Tahsildar revised panel for the year 2004 - 2021 in Serial No.10 on par with his junior namely M.Anushiya in light of the Orders of this Court in W.P.No.18725 of 2018 dated 15.11.2019 and W.P.No.8657 of 2016, dated 06.04.2022. 1/5

For petitioner : Mr.T.Mohan,Sr.Counsel for Mr.G.Mutharasu For Respondents : Mr.M.Alagu Gowtham Government Advocate

ORDER

This Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 02.06.2022 and 09.06.2022 to include the petitioner's name in Deputy Tahsildar revised panel for the year 2004 - 2021 in Serial No.10 on par with his junior namely M.Anushiya in light of the Orders of this Court in W.P.No.18725 of 2018 dated 15.11.2019 and W.P.No.8657 of 2016, dated 06.04.2022.

2. The case of the petitioner is that the petitioner was selected as Revenue Assistant through CSSE-I for the year 2009 - 2011 on 10.12.2012. It is grievance of the petitioner that her name was not included in the panel for promotion, since she has not completed Firka training, as she has availed maternity leave at the relevant point of time. Thereafter, she has been fully qualified and she is entitled to be 2/5

promoted as Deputy Tahsildar and her name has to be included in the panel for the promotion for the year 2021. It is the contention of the learned counsel for the petitioner that since the period of maternity leave has to be treated as duty period, notional promotion has to be granted to the petitioner and also to consider the petitioner for subsequent promotion. In this regard the petitioner has given representations dated 02.06.2022 and 09.06.2022 to the respondents to consider the name of the petitioner in Deputy Tahsildar revised panel drawn on 29.04.2009 for the year 2004 - 2021. However, the same has not been considered by the respondents. Hence, the present Writ Petition.

3. It is also brought to the notice of this Court the Order passed in W.P.[MD] No.8657 of 2016 dated 06.04.2022, wherein this Court has held that the petitioner therein is entitled for promotion and directed the respondents to include her name in that case. The case of the petitioner is also similar in nature.

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4. In view of the limited relief sought, the respondents are directed to consider the representations of the petitioner dated 02.06.2022 and 09.06.2022 and pass Order on its own merits, in the light of the Orders passed by this Court for similarly situated persons,within a period of two months from the date of receipt of a copy of this Order.

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

13.09.2023 Index:Yes/No vrc To,

1. The District Collector, O/o.District Collectorate office, Coimbatore District, Coimbatore.

2. The Child Development Project Officer, Coimbatore District, Coimbatore.

3. The Child Development Project Officer, Valparai, Coimbatore District.

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N.SATHISH KUMAR, J.

vrc WP.No.27007 of 2023 13.09.2023 5/5