M.Manju v. The Govt Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32454 of 2019 M.Manju ... Petitioner Vs.
1. The Government of Tamil Nadu, Represented by its Secretary, Revenue Department, Fort St.George, Chennai 600 009
2. The Additional Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005
3. The District Collector, Namakkal District, Collectorate, Namakkal ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to relax the condition imposed in Rule 38(b) (ii) of Annexure IX in Para No.8 (ii) of Tamil Nadu Ministerial Service Rules i.e. every person appointed as Assistant by direct recruitment must complete one year Taluk service (excluding training period) in the Assistant Cadre for inclusion in the Deputy Tahsildar Panel and issue suitable orders for inclusion of the petitioner's name in the List of Deputy Tahsildar for the year 2018, by securing suitable orders from the Government in the light of Government Orders in G.O.(2D) No.72 dated 19.02.2009 and in G.O (2D) No.527 dated 05.10.
2015 both issued by Revenue Department, by considering the petitioner's representation dated 24.07.2019 forwarded to the second respondent, by the third respondent, vide its letter dated 14.08.2019 within a time frame to be fixed by this Court. For Petitioner : Mr.S.Senthil For Respondents : Mr.A.N.
O R D E R
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.The case of the petitioner is that the petitioner joined service as Revenue Assistant in the ministerial service in the year 2012 and immediately thereafter the services were regularsied and in the year 2014 she completed probation. Thereafter in the year 2018, the applications from the candidates were called for, to include their names in the list of Deputy Tahsildars for the year 2016, 2017 and 2018. The petitioner's name was found missing in the list of Deputy Tahsildars for the year 2018 issued by the Office of the District Collector on 28.06.2019. Thereafter the petitioner made a representation dated 24.07.2019 to the second respondent to get suitable orders from the Government for inclusion of her name in the list of persons for consideration to the post of Deputy Tahsildar and the same was forwarded to the authority concerned, but till date the same has not been considered. Hence, the petitioner has filed the present petition. 3.Heard both sides.
4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the second respondent to consider the representation of the petitioner dated 24.07.2019 and pass orders, within a stipulated time fixed by this Court.
5.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 24.07.2019 which was forwarded on 14.08.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 6.With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar lok
To
1. The Secretary, Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai 600 009.
2. The Additional Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005.
3. The District Collector, Namakkal District, Collectorate, Namakkal.
+1cc to Mr.S.Senthil, Advocate, S.R.No.97144 +1cc to the Government Pleader, S.R.No.97106 W.P.No.32454 of 2019 VGII(CO) CS/30/12/2019