The Secretary To Government v. S. Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.The Secretary to Government, Revenue & Disaster Management Department, Fort St.George, Chennai-600 009.
2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Krishnagiri Krishnagiri District. ... Appellants in versus 1.S.Ramesh ... Respondent in WA Nos.1116 of 2023
2. R.Rameshkumar ... Respondent in WA Nos.1118 of 2023 PRAYER in WA Nos.1116 and 1118 of 2023: Writ Appeals filed against 1/5
the orders of the learned Single Judge in WP Nos.1986 and 1987 of 2018 dated 28.07.2021.
For the Appellants :Mr.V.Manoharan Additional Government Pleader For the Respondents :Mr.R.Bharath Kumar
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.) This Writ Appeals are filed against the orders of the learned Single Judge in WP Nos.1986 and 1987 of 2018 dated 28.07.2021.
2. The first appellant Government has passed G.O.2(D) No.363, Revenue and Disaster Management Department, dated 18.12.2017, rejecting the appeal petitions filed by the respondents herein, by not including the name of the respondents herein in the promotional panel for the year 2010 for the post of Assistant, on the ground that there was a delay in completing the foundational training at Civil Service Training Institute at Bhavanisagar, Tamil Nadu, owing to which, their probation came to be belatedly declared. Aggrieved by the same, the respondents have filed the writ petitions. The writ court, by order dated 28.07.2021, had directed the 2/5
respondent Government to include the name of the respondents in the promotional panel for the year 2010 to the post of Assistant. Challenging the same, the appellant Department have filed the present intra-court appeal.
3. When the matter was taken up for hearing, it is brought to the notice of this Court that to the Communications dated 19.01.2022, wherein the respondents herein have made a request to the District Collector, Krishnagiri/third appellant to include their name in the list of Assistants of 2012 above the name of one G.Duraimurugan, junior to the respondents herein, and to release the list as to get suitable orders from the Government.
4. Learned Additional Government Pleader for the appellant Department would submit that pursuant to the orders of this Court in WP Nos.1986 and 1987 of 2018, the names of the respondents could not be considered by the Department, since the respondents have not satisfied the requirement as per the Rules. He further submits that as per the communications dated 19.01.2022 of the respondents, the appellant Department will consider for inclusion of their name in the list of Assistants for the year 2012 and take appropriate decision. 3/5
5. In view of the above, this Court directs the third appellant/District Collector, Krishnagiri to consider the respondents' request/claim for inclusion of their name in the Assistant list for the year 2012 and take appropriate decision and the same shall be communicated to the respondents at the earliest. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
6. If any grievance, it is open to the respondents to approach before the authority concerned.
7. With the above directions, the writ appeals stand disposed of. There shall be no order as to costs. Consequently, CMP Nos.11261 and 11266 of 2023 are closed.
[D.K.K., J.] [K.B., J.] 09.07.2024 Index : Yes/No mrn 4/5
D.KRISHNAKUMAR, J.
and K.KUMARESH BABU, J.
(mrn) 09.07.2024 5/5