P.Karthikraj v. The Govt. Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH 1.P.Karthikraj 2.D.Subramanian 3.K.Rajarampandian 4.P.Ramkumar 5.S.Chandramohan 6.K.Rameshkumar 7.R.Kumar 8.C.P.Baskar 9.C.Singaraj 10.S.Pushpavathy ... Petitioners /vs./ 1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Personal and Administrative Reforms Department, Fort St.George, Chennai-9.
2.The Tamil Nadu Public Service Commission, Rep. by its Secretary, 3.Frezar Bridge Road, Chennai-3.
3.The Additional Chief Secretary to Government, Revenue and Disaster Management, Fort St.George, Chennai-9.
4.The Commissioner of Revenue Administration, Chepauk, Chennai-5.
5.The District Collector, 6.The District Revenue Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to re-fixation of seniority list of Revenue Assistants, based on the 1/4
marks/ranks scored by the petitioners in the CSSE-I Examinations, 2009-2011 conducted by the Tamil Nadu Public Service Commission and promote the petitioners to the post of Deputy Thasildar with all monitory attendant benefits based on their respective mark/rank in the light of the judgment rendered by our Hon'ble High Court in N.Santhosh Kumar and others Vs. Tamilnadu Public Service Commission and others dated 31.03.2015 reported in (2015)4 MLJ 281 and in W.P.No.998 of 2017, K.Raja & Others Vs. The Additional Chief Secretary & Others dated 15.11.2019 and on the basis of the petitioners representations dated 06.01.2020, 07.01.2020, 14.01.2020, 17.01.2020, 20.01.2020, 21.01.2020, 29.01.2020 and 30.01.2020.
For Petitioner : Mr.R.Rajaraman For R-1 and R-3 to R-6 : Mr.C.M.Mari Chellaiah Prabhu Additional Government Pleader For R-2 : Mr.K.K.Senthil Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. Though the petitioners have sought for issuance of writ of mandamus to direct the respondents to re-fixation of seniority list of Revenue Assistants, based on the marks/ranks scored by them in the CSSE-I Examinations, 2009-2011 conducted by the Tamil Nadu Public Service Commission and promote them to the post of Deputy Thasildar with all monitory attendant benefits based on their respective mark/rank, in my view, such a decision is to be taken by the respondents and in case, the petitioners are aggrieved against such any decision, it would be appropriate to approach this Court.
3. The petitioners would submit that they have already made the representations on 06.01.2020, 07.01.2020, 14.01.2020, 17.01.2020, 20.01.2020, 21.01.2020, 29.01.2020 and 30.01.2020 in this regard, which are said to be pending. If the said representations are directed to be disposed of within stipulated time, the ends of justice could be secured.
4. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its 2/4
extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
5. In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioners' representations, dated 06.01.2020, 07.01.2020, 14.01.2020, 17.01.2020, 20.01.2020, 21.01.2020, 29.01.2020 and 30.01.2020 respectively, on its own merits and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioners in their representations and it is for the first respondent to consider it in accordance with law.
6. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:
1.The Principal Secretary, Government of Tamil Nadu, Personal and Administrative Reforms Department, Fort St.George, Chennai-9.
2.The Secretary, Tamil Nadu Public Service Commission, 3.Frezar Bridge Road, Chennai-3.
3.The Additional Chief Secretary to Government, Revenue and Disaster Management, Fort St.George, Chennai-9.
4.The Commissioner of Revenue Administration, Chepauk, Chennai-5.
5.The District Collector, 3/4
6.The District Revenue Officer, +1 CC to M/s.SPL.GP ( SR-8790[F] dated 27/02/2020 ) +3 CC to M/s.R.RAJARAMAN, Advocate ( SR-8448[F] dated 26/02/2020 ) +1 CC to M/s.K.K.SENTHIL, Advocate ( SR-9029[F] dated 27/02/2020 ) Order made in 26.02.2020 JMN(10.03.2020) 4P : 12C 4/4