B.Saravanan, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR B.Saravanan ... Petitioner vs.

1.The Secretary to Government, Home (Court) Department, St. George Fort, Chennai.

2.The Registrar General, Madras High Court, Madras.

3.The Principal District Judge, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.02.2010. 1/5

For Petitioner : No appearance For Respondent No.1 : Mr.N.GA.Natraj Government Advocate For Respondent Nos.2 & 3 : Mr.D.Venkatesh

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Prayer in this Writ Petition is to direct the respondents to consider the petitioner's representation, dated 10.02.2010. 2.Pursuant to the order passed by this Court in W.P.No.5969 of 2008, dated 17.07.2008, to re-fix the seniority in the posts of Typist and Copyist merged with the Typist as per the date of their appointment, the petitioner made a representation, dated 10.02.2010 to the respondents seeking to re-fix his seniority. Since the said representation has not been considered, the present Writ Petition has been filed.

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3.The learned counsel appearing for the respondents 2 and 3 would submit that the revised seniority list has been published by the respondents and the same has been challenged before this Court in W.P(MD)No.1946 of 2010 by the aggrieved persons. When the said Writ Petition came up for hearing on 13.10.2023, it was brought to the notice of this Court that seniority had already been refixed by the competent authority vide proceedings dated 17.02.2010. Hence, this Court by order dated 13.10.2023 disposed of the said Writ Petition as infructuous as the cause for filing the said Writ Petition became vanished.

4.Further, the learned counsel appearing for the respondents 2 and 3 would submit that in view of the pendency of the said Writ Petition, the respondents could not give effect to the revised seniority list and now, the said Writ Petition has been disposed of as infructuous, there is no legal impediment for the respondents to implement the revised seniority list.

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5.Considering the above stated position, since the request of the petitioner for re-fixation of seniority is to be considered by the authority concerned, we are not passing ordersn in this Writ Petition. 6.Accordingly, the Writ Petition is disposed of. No costs. [D.K.K.,J.] [R.V.,J.] 24.01.2024 NCC : Yes / No Index : Yes / No ps To 1.The Secretary to Government, Home (Court) Department, St. George Fort, Chennai.

2.The Registrar General, Madras High Court, Madras.

3.The Principal District Judge, Ramanathapuram, Ramanathapuram District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 24.01.2024 5/5