B.Yayathiraj v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2023

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. No.11929 of 2017 and W.M.P.No.12827 of 2017 1.B.Yayathiraj 2.N.Vengatraj 3.R.Uma Mageswari 4.M.Mahalingam 5.N.Lallirani 6.R.Uma Mageshwari 7.P.Ayyanar 8.J.Dhakshanamurthy 9.R.Radhakrishnan 10.R.Gunasekar 11.F.Rafiullah 12.D.Kamalaveni 13.G.Arulmozhi 14.V.Dhayalan 1/6

15.T.Vijaya 16.S.Ramamoorthy 17.K.Somasundaram 18.C.Vairakannan 19.J.Murugadass ... Petitioners /Vs/ 1.The Government of Tamil Nadu Rep. by the Principal Secretary to Government Revenue Department, Fort St. George Chennai 600 009 2.The Principal Secretary/Commissioner of Revenue Administration Revenue Administration and Disaster Management and Mitigation Department Chennai 600 005 3.The Collector, Villupuram Villupuram District 4.The District Revenue Officer Villupuram District 5.P.Venkatesan Revenue Assistant O/o The District Revenue Officer Villupuram, Villupuram District ... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents 1 to 4 to strictly comply with Annexure IX, Rule 2, referred to in Rule 38(b)(ii) of the Tamil 2/6

Nadu Ministerial Service Rules with regard to fixation of seniority between Direct Recruits and Promotees while finalizing the seniority list pursuant to the proceedings of the 4th Respondent in Na.Ka.A2/5743/2012 dated 23.03.2017 and refrain from assigning seniority to persons appointed in excess of the 2:1 quota between promotees and direct recruits with reference to the date of appointment (in excess of quota) but reckon their seniority only from the date on which they become entitled to be adjusted as per quota at the subsequent recruitments.

For Petitioner :

Mr.P.Manoj Kumar For Respondents :

Mr.L.S.M.Hasan Fizal (R1 to R4) Additional Government Pleader Mr.K.Pravin Kumar (R5)

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus directing the Respondents 1 to 4 to strictly comply with Annexure IX, Rule 2, referred to in Rule 38(b)(ii) of the Tamil Nadu Ministerial Service Rules with regard to fixation of seniority between Direct Recruits and Promotees while finalizing the seniority list pursuant to the proceedings of the 4th Respondent in Na.Ka.A2/5743/2012 dated 23.03.2017 and refrain from assigning seniority to persons appointed in excess of the 2:1 quota between promotees and direct recruits with reference to the date of appointment (in excess of quota) but 3/6

reckon their seniority only from the date on which they become entitled to be adjusted as per quota at the subsequent recruitments. 2.When the matter is taken up for hearing, learned counsel for the Petitioner submitted that the prayer in this Petition has become infructuous and he has also made an endorsement to that effect. 3.In view of the submissions and endorsement made by the learned counsel for the Petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. 06.11.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 4/6

To 1.The Principal Secretary to Governmentof Tamil Nadu Revenue Department, Fort St. George Chennai 600 009 2.The Principal Secretary/Commissioner of Revenue Administration Revenue Administration and Disaster Management and Mitigation Department Chennai 600 005 3.The Collector, Villupuram Villupuram District 4.The District Revenue Officer Villupuram District 5/6

V.BHAVANI SUBBAROYAN, J.

sai W.P. No.11929 of 2017 and W.M.P.No.12827 of 2017 06.11.2023 6/6