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Madras High CourtWP/29951/2025allowed

P.Raja v. State Rep By The Chief Secretary Of Tamil Nadu

2025-08-11Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA

1. P.Raja S/o. Ponnusamy, No.37, Phase-i, T.N.H.B.

Tirupattur Town And District.

Petitioner(s) Vs

1. State Rep By The Chief Secretary of Tamil Nadu Secretariat, Fort St. George, Chennai 2.The Secretary Revenue And Disaster Management Department, Fort St. George, Chennai.

3.The Secretary Personal And Administrative Reforms Department, Fort St. George, Chennai.

4.The Commissioner of Revenue Administration Tamil Nadu, Ezhilagam, Chepauk, Chennai-600 005

5.The District Collector Tirupattur District, Tirupattur Respondent(s) PRAYER: directing the 4th and 5th respondents to consider the representation of the petitioner dated 29.11.2023 which was given for including the petitioners name into the Deputy Tahsildars promotion panel for the year 2024 in view of annexure III A (ii) of Tamil Nadu Revenue Subordinate Service Rules as Well as G.O. (Ms) No.77 dated 23.01.2018 passed by the Tamil Nadu Public (EXSERVICEMEN) DEPARTMENT within a stipulated period For Petitioner(s):

R.Prabudoss C. Santhoshkumar P. Praveen For Respondents:

Mr.G.Nanmaran, Special Government Pleader

ORDER

This writ petition is filed for the below relief: "directing the 4th and 5th respondents to consider the representation of the petitioner dated 29.11.2023 which was given for including the petitioner's name into the Deputy Tahsildars' promotion panel for the year 2024 in view of annexure III A (ii) of Tamil Nadu Revenue Subordinate Service Rules as Well as G.O.

(Ms) No.77 dated 23.01.2018 passed by the Tamil Nadu Public (EX-SERVICEMEN) DEPARTMENT within a stipulated period".

2. The brief facts which are culminated in the filing of this Writ Petition are set out below:

2.1. It is the case of the petitioner that he had served in the Indian Army and had retired on 09.01.2013. Thereafter, he was appointed as Junior Assistant at the Taluk Office Chengum, Thiruvannamalai District on Ex-serviceman quota through TNPSC by its letter dated 17.12.2012. The petitioner would submit that while he was in the Indian Army, he was issued with a graduation certificate by the Indian Armed Forces. It is given to those persons who have worked for over 15 years and the same can be used for promotion for the Group A and B posts. 2.2. On 20.10.2014, the petitioner was transferred from Tiruvannamalai to Vellore District through one way district transfer by proceedings of the Personal Assistant (General) to the District Collector, Tiruvannamalai in Na.Ka.A3/41244 dated 07.01.2013. By the proceedings of the District Revenue

Officer, Vellore District dated 16.04.2018, he was promoted as Senior Revenue Inspector in which post he had been working without any blemish. Meanwhile the petitioner had become eligible for promotion to the post of Deputy Tahsildar and therefore eligible for being included in the panel for the year 2023. The proposal was sent to the 5 th respondent to include petitioner's name in the Deputy Tahsildars' panel, however, the same was not considered and he was informed that he is not eligible for being appointed as Deputy Tahsildar as he was not a graduate. The petitioner was surprised to hear this, since there was no rule which stated that a graduation was required for promotion to the post of Deputy Tahsildar.

3. On 29.11.2023, the petitioner had sent a representation to the 5 th respondent to consider him as a graduate as he had been issued with graduation certificate by the Indian Armed Forces and consequently include his name in the Panel. Despite receiving the notice, the respondents had not taken any steps to pass orders to call the petitioner for inquiry and pass orders thereon. Therefore, this petitioner is before this Court.

4. Heard the learned counsel for the petitioner and the Special

Government Pleader for the respondents 1 to 5.

5. The above facts would clearly indicate that the petitioner's request has not been considered by the competent authority who is bound to pass orders on the set representation. Therefore, taking note of this fact that the Authority has failed to discharge its duty, a mandamus is issued to the Respondents 4 and 5 to consider and pass orders on a petitioner's representation later 29.11.2023 after giving him a due opportunity to present his case. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition stands allowed. No costs. 11-08-2025 shl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.State Rep By The Chief Secretary Of Tamil Nadu Secretariat, Fort St. George, Chennai 2.The Secretary Revenue And Disaster Management Department, Fort St. George, Chennai.

3.The Secretary Personal And Administrative Reforms Department, Fort St. George, Chennai.

4.The Commissioner Of Revenue Administration Tamil Nadu, Ezhilagam, Chepauk, Chennai-600 005 5.The District Collector Tirupattur District, Tirupattur

P.T.ASHA J.

shl 11-08-2025