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Madras High CourtWP/34290/2019disposed of

P.Saraswathi v. State,

2019-12-10Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2019

CORAM

THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH WP No.34290 of 2019 P.Saraswathi ... Petitioner Vs.

1. The State rep by its Secretary to Government of Tamil Nadu Revenue and Disaster Management Department, Secretariat, Chennai 600 009.

2. The Additional Chief Secretary / Commissioner of Revenue Administration, Chepauk, Chennai 600 005.

3. The District Collector, Thiruvallur District, Thiruvallur.

... Respondents PRAYER: Writ petition has been filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the third respondent herein to include the name of the petitioner in Serial No.7 in the seniority panel dated 16.10.2017 in Na.Ka.A3/13000/2017 for promotion to the post of Tahsildar from the Senior Grade Deputy Tahsildar in pursuance of the petitioner's representation dated 03.07.2019. For Petitioner: Mr.Durai Gunasekaran For Respondents: Mrs.K.Bhuvaneswari Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus directing the third respondent to include the name of the petitioner in the seniority panel for promotion to the post of Tahsildar from the post of senior grade Deputy Tahsildar.

2. The case of the petitioner is that he joined as Assistant in the Revenue Department in the year 2008 and he was promoted as Deputy Tahsildar in the year 2015. Presently, the petitioner

is working as Zonal Deputy Tahsildar at Poonamallee Taluk, Thiruvallur District.

3. The charge memo was issued against the petitioner in the year 2017 and the petitioner has also given his reply for the charges. According to the petitioner, the disciplinary proceedings are pending and enquiry has not even started. In the meantime, the third respondent has issued the proceedings by fixing the panel for promotion to the post of Tahsildar. According to the petitioner, he is entitled to be considered for the promotion and therefore, his name has to find place on the seniority panel. The petitioner has given a representation on 03.07.2019 in this regard to the respondent. Since the same has not been considered, the present Writ Petition has been filed before this Court.

4. Heard Mr.Durai Gunasekaran, learned counsel appearing for the petitioner and Mrs.K.Bhuvaneswari, learned Additional Government Pleader appearing for the respondents. 5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the third respondent to consider the representation dated 03.07.2019 made by the petitioner and deal with the same on its own merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to given a fresh representation along with the copy of this order and also a copy of the representation dated 03.07.2019 to the third respondent. 6.The Writ Petition is disposed of with the above directions. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vkr To 1.The Secretary to Government of Tamil Nadu Revenue and Disaster Management Department, Secretariat, Chennai 600 009.

2.The Additional Chief Secretary / Commissioner of Revenue Administration, Chepauk, Chennai 600 005.

3.The District Collector, Thiruvallur District, Thiruvallur.

+1 CC to Mr. Durai Gunasekaran, Advocate sr 102799 +1 CC to The Govt. Pleader sr 103085.

WP No.34290 of 2019 MR(CO) SP(30/12/2019)