S. Kalyani, v. Tamilnadu Public

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Kalyani ... Petitioner Vs.

1.Tamil Nadu Public Service Commission, represented by its Secretary, 2.The Government of Tamil Nadu represented by its Principal Secretary, Hindu Religious and Charitable Endowments Department, Fort St. George, 3.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, 4.G.S.Mangayarkarasi ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 herein to include the name of the petitioner as senior to the fourth respondent in the seniority panel. For Petitioner : Mr.M.Saravanan For R1 : Mr.K.K.Senthil Standing counsel For R2 & R3 : Mr.K.P.Narayanakumar Special Government Pleader

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to include the name of the petitioner as senior to the fourth respondent in the seniority panel.

2. The case of the petitioner is that she was appointed as an Assistant Commissioner in the Hindu Religious and Charitable Endowments Department and the fourth respondent was also appointed 1/3

along with the petitioner. In the appointment order, the petitioner's name has been shown as No.2, whereas the 4th respondent name has been shown as No.1. Further, the petitioner as well as the fourth respondent were promoted to the post of Deputy Commissioner. Though the fourth respondent is junior to the petitioner, her name was placed above the petitioner's name. Therefore, she made several representations to the respondents to re-fix the seniority. But the said representations were not considered so far. Hence, the petitioner has approached this Court by filing this writ petition.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that it would suffice, if the representation made by the petitioner dated 25.10.2010, is directed to be considered by the first respondent.

4. The learned Standing counsel appearing for the first respondent has no serious objection for considering the petitioner's representation, dated 25.10.2010.

5. Taking note of the said submissions made, the first respondent is directed to consider the representation made by the petitioner, dated 25.10.2010 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of already.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary, Tamil Nadu Public Service Commission, 2/3

2.The Principal Secretary, Government of Tamil Nadu, Hindu Religious and Charitable Endowments Department, Fort St. George, 3.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-1243[F] dated 19/01/2021 ) +1 CC to SGP ( SR-1378[F] dated 20/01/2021 ) +1 CC to M/s.K.K.SENTHIL, Advocate ( SR-1438[F] dated 20/01/2021 ) 18.01.2021 ARK(CO) NR (08/02/2021) 3P : 7C 3/3