M.Thendral v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.27305 of 2018 M.Thendral ..Petitioner ..vs..

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Rural Development Panchayat Raj, Fort St. George, Chennai- 600 009.

2. The Commissioner cum Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai- 600 015.

3.The District Collector, Nagappattinam District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to refix the seniority of the petitioner in seniority list of 2015, by placing at Sl.No.9 over and above Ms.S.Maragadam and grant promotion as Deputy Block Development Officer on par with the junior officer w.e.f. 23.12.2015 with all consequential service and monetary benefits including arrears to pay by considering the representation dated 28.06.2016.

For Petitioner : Ms.T.Ananthi For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader

O R D E R

Mr.D.Suriya Narayanan, learned Additional Government Pleader takes notice on behalf of the respondents.

2. By consent, this Writ Petition is taken up and disposed

of at the stage of admission itself.

3. This Writ Petition has been filed seeking a direction to the respondents to refix the seniority of the petitioner in seniority list of 2015, by placing him at Sl.No.9 over and above the junior and grant promotion as Deputy Block Development Officer on par with the junior officer w.e.f. 23.12.2015 with all consequential service and monetary benefits including arrears of pay by considering the representation dated 28.06.2016.

4. The learned counsel appearing for the petitioner submitted that though the petitioner is fully eligible to get promotion, due to wrong fixation of seniority, she is deprived of her promotion. In this regard, she made a representation dated 28.06.2016 to the respondents followed by another representation dated 24.02.2017. As the same did not evoke any response, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

5. The learned Additional Government Pleader who takes notice on behalf of the respondents submitted that the respondents have no objection to consider and pass orders on the representation of the petitioner dated 24.02.2018, on merits and in accordance with law, within a stipulated period.

6. Considering the facts and circumstances of the case and also considering the submissions made, this Court directs the respondents to consider the representation of the petitioner, dated 24.02.2017 and pass orders on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner as well as any interested parties within a period of four weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar arr To

1. The State of Tamil Nadu, Rep. by its Secretary to Government,

Rural Development Panchayat Raj, Fort St. George, Chennai- 600 009.

2. The Commissioner cum Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai- 600 015.

3.The District Collector, Nagappattinam District.

+1cc to Ms.T.Ananthi, Advocate SR.No.71355 W.P.No.27305 of 2018 RSV(CO) GMY(02/11/2018)