P.Sengottaian v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.No.36672 of 2024 P.Sengottaian
...Petitioner
Vs 1.The State of Tamilnadu Rep. by the Principal Secretary/ Commissioner of Revenue Administration, Ezhilzhagam, Chepauk, Chennai - 600 005.
2.The District Collector, Salem District, Salem.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to dispose of the petitioner's appeal dated 28.02.2024 against the notification dated 02.01.2024 issued by the second respondent for panel of Revised Deputy Tahsildar from 2004 to 2022 on giving personal hearing to the petitioner within a time frame as may be stipulated by this Court. For Petitioner : Mr.K.V.Muthu Visakan For Respondents : Mr.Stalin Abhimanyu Additional Government Pleader
ORDER
This writ petition has been filed to direct the first respondent to Page No:1/5
dispose of the petitioner's appeal dated 28.02.2024 against the notification dated 02.01.2024 issued by the second respondent for panel of Revised Deputy Tahsildar from 2004 to 2022 on giving personal hearing to the petitioner within a time frame as may be stipulated by this Court.
2. The case of the petitioner is that during the year 2010, the petitioner was selected as Revenue Assistant through the examination conducted by Tamilnadu Public Service Commission. He was selected in S.C.(Arunthathiyar) Category and his first posting was at Nagapattinam District with effect from 07.03.2012. Further, he got transferred to Salem District and joined on 24.06.2013. Pursuant to the said appointment, his service was regularised and further, his probation period was successfully completed. Thus, he was entitled for promotion to the post of the Deputy Tahsildar since he had completed 5 years of service, passed in the departmental examination and also underwent departmental training. While so, on 13.09.2022, the second respondent had published temporary promotion panel for the post of Deputy Tahsildar for the year 2019 to 2021. The said notification was issued by without considering the roster system for SC (A) community and his seniority was wrongly fixed. Against the said notification, he had filed an appeal before the first Page No:2/5
respondent on 11.10.2022 and the same is pending. The petitioner has been prejudiced of the above said revised panel and hence, he had preferred appeal before the first respondent on 28.02.2024 within a period of 60 days. Subsequently, he sent a reminder on 16.08.2024. However, his appeal was kept pending and the same has not been considered by the respondent authorities. Hence, the present writ petition.
3. Learned Additional Government Pleader appearing for the respondents would submit that the petitioner's appeal will be considered by the respondents on its own merits and in accordance with law, within the time fixed by this Court.
4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the first respondent to consider the petitioner's appeal dated 28.02.2024 against the notification dated 02.01.2024 issued by the second respondent for panel of Revised Deputy Tahsildar from 2004 to 2022 by affording an opportunity of personal hearing to the petitioner and pass final orders on its own merits and in accordance with law, within a period of sixteen(16) weeks from the date of receipt of copy of this order.
5. With the above direction, the Writ Petition stands disposed Page No:3/5
of. No costs. Consequently, connected miscellaneous petition is closed. 19.11.2024 Index:Yes/No Speaking order/Non-speaking order msv To 1.The State of Tamilnadu Rep. by the Principal Secretary/ Commissioner of Revenue Administration, Ezhilzhagam, Chepauk, Chennai - 600 005.
2.The District Collector, Salem District, Salem.
V.BHAVANI SUBBAROYAN,J.
msv Page No:4/5
and W.M.P.No.36672 of 2024 19.11.2024 Page No:5/5