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Madras High CourtWP(MD)/3353/2020dismissed

S, Amirtharaj v. The Govt.Of Tamil Nadu

2022-12-19Honourable Mr Justice M.Dhandapani8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Amirtharaj ... Petitioner -vs1.The Government of Tamil Nadu Rep. By its Principal Secretary Personal and Administrative Reforms Department Fort St. George, Chennai 2.The Tamil Nadu Public Service Commission, Rep. By its Secretary 3 Frezar Bridge Road, Chennai. 3 3.The Rural Development Department & Panchayat Raj Department rep. By its Secretary Fort St. George, Chennai 9 4.The Director of Rural Development Department & Panchayat Raj Department, Panagal Building, Chennai 3 5.The District Collector Dindigul District.

... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the Tamil Nadu Public Service Commission the 2nd respondent herein vide its proceedings no.6207/OTDB2/2010 dated 08.03.2019 and consequential impugned order passed by the District Collector the 5th respondent herein vide its proceedings in Na.Ka.No.7526/2018/oo.va.1 dated 27.03.2019 and quash the same as illegal and consequentially to direct the respondents to re-fixation of seniority list of Assistant based on the marks/ranks scored by the petitioner in the CSSE-1 examinations, 2009-2011 conducted by the Tamil Nadu Public Service Commission and promote the petitioner to the post of Deputy Block Development Officer based on the petitioner's mark/rank. For Petitioners :

Mr.R.Rajaraman For Respondents :

Mr.S.P.Maharajan for R1, R3 to R5 Special Government Pleader Mr.J.Anandkumar for R2

ORDER

Challenging the impugned order of the 2nd respondent dated 08.03.2019 and the consequential impugned order of the 5th respondent dated 27.03.2019 and for a direction to the respondents to refix the seniority in the cadre of Assistant, the petitioner is before this Court with this writ petition.

2. The case of the Petitioner is that the petitioner was appointed to the post of Assistant through direct recruitment in the combined subordinate service-I and he joined in the service on 21.01.2013. As per the seniority list published on 14.07.2014, the petitioner's seniority was fixed at Sl.No.14. As per the roster system, the seniority of the petitioner is at Sl.No.34. As per the horizontal and vertical seniority, the seniority list allows the juniors will become seniors to the petitioner and as such there will be a chance of juniors being promoted as Deputy Block Development Officer. While so, the reservation was set aside by this Court in N.Santhosh Kumar and others reported in 2015 (4) MLJ 281 and a direction was given to the respondents to fix the seniority afresh.

Therefore, for fixing the seniority, the petitioner made representations to the respondents. However, a seniority list was prepared as per Sections 40(1) and 70 of the Tamil Nadu Government Servants (Conditions of Service) Act 2016 (hereinafter referred to as 'the Act'), which was subsequently challenged before this Court as ultra vires and this Court strikes down sections 1(2), 40(1) and Section 70 of the Act and direction was given to redo the seniority as per rank and merit.

order dated 08.03.2019 and 27.03.2019 respectively. Hence, this petition.

3. The learned counsel for the petitioner would submit that initially a tentative list of candidates were prepared provisionally through the recruitment process and as such the petitioner's rank is at Sl.No.14. He would further submit that after following the roster system and vertical and horizontal reservation, the petitioner is placed at Sl.No.34, which is not sustainable and hence, praying for allowing the writ petition.

4. Per contra, the learned Special Government Pleader as well as the learned standing counsel for the respondents would submit that after following the roster system, the seniority list was prepared in accordance with Sections 40(1) and 70 of the Act. He would further submit that the respondents 3 to 5 are not competent authorities to redo the seniority and hence, the writ petition itself is not maintainable and prays for dismissal of the writ petition.

5. Heard the learned counsel on both sides and perused the materials available on record.

6. Admittedly the petitioner is selected and appointed as Assistant in the Block Development Officer, Kodaikanal and he joined the service on 21.01.2013 and he completed his probation. In the year 2016, the second respondent forwarded the selection list, in which, the petitioner was placed in Sl.No.14 and subsequently seniority list was prepared following the roster system, wherein, the petitioner was placed at Sl.No.34. Aggrieved by which, the petitioner made representation to the respondents. The 5th respondent prepared the seniority list in accordance with the roster system as per Section 41 and 70 of the Act, which was struck down by this Court. However, the representation made by the petitioner was rejected vide the impugned order. It appears that the issue is pending before the Hon'ble Supreme Court in SLP (C) No.2886/2016 challenging the very same seniority and for implementation of the original seniority and a contempt petition is also pending. Therefore, the petitioner has to necessarily implead himself in the contempt petition, which is pending before the Apex Court.

However, challenging the very same seniority, filing a writ petition is not sustainable. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law. No costs.

19.12.2022 Index :Yes/No Internet : Yes RR

To 1.The Principal Secretary Personal and Administrative Reforms Department Fort St. George, Chennai 2.The Tamil Nadu Public Service Commission, Rep. By its Secretary 3 Frezar Bridge Road, Chennai. 3 3.The Rural Development Department & Panchayat Raj Department rep. By its Secretary Fort St. George, Chennai 9 4.The Director of Rural Development Department & Panchayat Raj Department, Panagal Building, Chennai 3 5.The District Collector Dindigul District.

M.DHANDAPANI, J.

RR 19.12.2022