N.Sr.Anusuya v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 28.11.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA W.P. NO. 31353 OF 2018

1. N. SR.Anysuya

2. P.Adhilakshmi

3. V.Kanchana

4. B.Kavitha

5. V.Lalitha .. Petitioners - Vs -

1. The Addl. Chief Secretary/ Commissioner of Revenue Administration Chepauk, Chennai - 5.

2. The District Collector District Collector's Office Cuddalore District.

3. The District Revenue Officer Cuddalore District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 3rd respondent to dispose of the representation of the petitioners dated 14.3.2016 followed by the petitioners' reminder dated 19.1.2018.

For Petitioner : Mr. S.Vijayakumar For Respondents : Mr. K.Rajendra Prasad, AGP

ORDER

This petition has been filed seeking a direction to the respondents to dispose of the representations dated 14.3.2016 and 19.1.18 filed by the petitioners.

2. The petitioners are typists appointed through Tamil Nadu Public Service Commission during August, 2009. They were allotted to Cuddalore District by the proceedings of the 2nd respondent dated 24.8.09. The petitioners became eligible for the post of Assistant in the year 2012. However, the 3rd respondent, District Revenue Officer, Cuddalore, failed to

include the petitioners in the panel for promotion to the post of Assistant on account of the impression that the petitioners failed to undergo the Junior Assistant training and Surveyor and Settlement training as contemplated under the service rules.

3. It is the claim of the petitioners that non-possession of the service qualification is not on account of the fault committed by the petitioners, but due to administrative delay on the part of the respondents in not deputing the petitioners for the said training. The petitioners claim that they have passed necessary tests such as Computer Course on Office Automation and Revenue Test Parts 1 to 3, but they have not been sent for one year training as Junior Assistant and Surveyor and Settlement training for 35 days, which is one of the requirement for promotion. The petitioners have attained eligibility for promotion to the post of Assistant even in August, 2016, but they have not been given requisite training due to administrative reasons. So stating, the petitioners submitted a representation to the respondents in 2016 followed by reminder in the year 2018, but no orders have been passed till date. Therefore, the present petition has been filed.

4. Mr. Rajendra Prasad, learned Addl. Government Pleader takes notice for the respondents.

5. In view of the limited relief sought for, this Court is of the view that it would be suffice to direct the respondents to consider the representation submitted by the petitioners and depute them for the requisite training within a particular time frame.

5A. Needless to point out that for no fault of them, the petitioners can't be deprived of the benefit of promotion.

6. In the above circumstances, this writ petition is disposed of directing the 2nd respondent to consider the representation of the petitioners and depute them for the requisite training within a reasonable time from the date of receipt of a copy of this order.

No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar GLN

To

1. The Addl. Chief Secretary/ Commissioner of Revenue Administration Chepauk, Chennai - 5.

2. The District Collector District Collector's Office Cuddalore District.

3. The District Revenue Officer Cuddalore District.

+1cc to Mr.S.Vijayakumar, Advocate, S.R.No.81414 +1cc to the Government Pleader, S.R.No.82657 W.P. NO.31353 OF 2018 VGI(CO) SSM(04/01/2019)