P. Ramarasu v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.21505 of 2017 P.Ramarasu ... Petitioner Vs.
1. The Secretary, Revenue Department, Fort St. George, Chennai - 600 009.
2. The Principal Secretary -cumCommissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District Collector, Collectorate, Salem, Salem District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the G.O.(1D) No. 286 dated 09.06.2017 issued by the 1st petitioner, quash the same and consequently direct the respondents to relax the conditions viz., working as RI for two years and Assistant for two years and promote the petitioner as Deputy Tahsildar with effect from 15.09.2013 For Petitioner : Mr.M.Elango For Respondents : Mr.P.Ganesan,
Additional Government Pleader
O R D E R
This writ petition has been filed challenging the orders issued by the Government in G.O.1(D) No.286, Revenue Department, dated 09.06.2017, whereby the request of the petitioner for relaxing the requirement of working as 'Revenue Inspector' for two years, and as 'Assistant' for two years in order to consider the case of the petitioner for promotion to the post of 'Deputy Tahsildar' with effect from 15.09.2013 was rejected.
2. During the pendancy of the present writ petition, the petitioner has already acquired the said service qualification of working as 'Revenue Inspector' and 'Assistant' for a period of two years each and therefore, practically the relief sought in the present writ petition to the extent of seeking relaxation has become infructuous.
3. Then, coming to the claim of the petitioner for being considered for promotion to the post of 'Deputy Tahsildar' is concerned, the petitioner, being a non-graduate assistant was not eligible for being promoted to the post of 'Deputy Tahsildar' by the year 2013. But it is only by virtue of the orders issued by the Government in G.O (Ms) No.65, Revenue and Disaster
Management Department, Services Wing, Ser.3(2) Section, dated 27.02.2024, the relevant rule was amended and a non-graduate assistant is made eligible for being considered for promotion to the post of 'Deputy Tahsildar'. The said amendment to Annexure III of the Special Rules for Tamil Nadu Revenue Sub-ordinate Service Rules was amended with effect from 12.03.2019. Hence, the question of petitioner claiming for being considered for promotion to the post of 'Deputy Tahsildar' prior to 12.03.2019 does not arise. In view of the fact that the petitioner has already acquired the requisite service qualification and the relevant rule was also amended with effect from 12.03.
2019 making a non-graduate assistant also eligible for being considered for promotion, the respondents are under obligation to consider the claim of the petitioner for promotion to the post of 'Deputy Tahsildar' from the panel year 2019 onwards. If the case of the petitioner is not already considered for such promotion during the panel year 2019, the respondents are under obligation to consider such claim of the petitioner.
4. In view of the same, though the petitioner claimed to have submitted series of representations, the petitioner is granted liberty to submit a fresh representation within a period of four weeks from the date of receipt of a copy of this order for consideration of his case for promotion for the panel year
2019 onwards, subject to the petitioner fulfilling other criteria. The respondents are directed to consider the said representation and pass appropriate orders thereon within a further period of eight weeks from the date of submission of such representation.
5. Accordingly, the writ petition is disposed of. No costs. Connected miscellaneous petitions, if any, shall stand closed. 03.12.2024 skr Index : Yes / No Speaking order / Non-speaking order To
1. The Secretary, Revenue Department, Fort St. George, Chennai - 600 009.
2. The Principal Secretary -cumCommissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District Collector, Collectorate, Salem, Salem District.
MUMMINENI SUDHEER KUMAR, J.
skr 03.12.2024