Madras High CourtWP/287/2020closed

P.S.Balamurugan, v. The State Of Tamil Nadu

2023-01-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.287 of 2020 P.S.Balamurugan .. Petitioner .Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Personnel and Administrative Department Secretariat, Chennai - 600009

2. The State of Tamil Nadu Rep. by its Secretary Tamil Nadu Public Service Commission TNPSC Road, V.O.C. Nagar Park Town, Chennai 600 003.

3 The State of Tamil Nadu Rep. by its Secretary to Government Revenue Department Secretariat Chennai - 600009

4. The Principal Secretary/ Commissioner of Revenue Administration Chepauk Chennai 5

5. The District Collector Salem District Fort Main Road First Agraharam Salem - 636001

6. The District Revenue Officer Salem District, Salem.

.... Respondents

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to publish the final seniority list of Revenue Assistants in Salem District for the provisional seniority list published by the 5th respondent in his proceedings in Roc.20791/206/A3 dated 19.12.2016 after revising the inter se seniority for the petitioner batch/directly recruited Revenue Assistants enlisted therein under the caption for the yea 2011-2012 based on mark they scored in their selection by the 2nd respondent and consequently to revise their promotion already made to the category of Deputy Tahsildar based on he said seniority and accordingly also to redraw the respective panel of Revenue Assistants fit for promotion as Deputy Tahsildar approved by the 5th respondent in his proceedings Pdl.No.

30/2017(A7) dated 31.10.2017 and in proceedings Pdl.No.30/2018/(A7) dated 06.10.2018 and to consider the petitioner for promotion as Deputy Tahsildar notionally from the date on which one mr.R.Muruganandam Revenue Assistant Joine as Deputy Tahsildar based on his temporary promotion ordered by the 5th respondent in his proceedings in Na.Ka.22/2017(A7) dt.24.08.2017 and to confer on the petitioner all the consequential service and monetary benefits including the fixation of pay from the notional date including arrears of pay thereof from that date.

(Prayer amended vide order dt.06.12.2021 made in WMP.1546 of 2020 in WP.287 of 2020 by VPNJ) For Petitioner : Mr.N.Subramanian For Respondents : Mr.D.Ravichander Special Government Pleader for R1, R3 to R6.

O R D E R

The learned counsel for the petitioner submitted that during the pendency of this writ petition, G.O (1D) No.546, dated 29.08.2022, has been issued and hence, the relief sought for in the writ petition does not survive. However, the learned counsel for the petitioner sought for liberty to challenge the order passed by the respondents.

2.In view of the above submission, this writ petition is closed by granting liberty to the petitioner to challenge the order dt.29.08.2022, if he is aggrieved. No costs.

31.01.2023 Index : Yes/No Internet : Yes Speaking Order/Non-Speaking Order kp To