Chinnadurai .S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.2938 of 2022 S.Chinnadurai ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Personal Assistant to District Collector (Development), Collectorate, Thoothukudi District, Thoothukudi.

3.The Block Development Officer (Village Panchayat), Ottapidaram Panchayat Union, Ottapidaram, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the 1/5

records on the file of the 1st respondent vide his proceedings in Na.Ka.No.V3/15005/2020 dated 30.11.2021 and quash the same as illegal and arbitrary and consequently direct the 1st respondent to promote him to the post of Deputy Block Development Officer on par with his Batch mates as well as the seniority list of Junior Assistant for the year 2015 issued by the 1st respondent vide his proceedings dated 09.05.2012 and 15.05.2015 respectively within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.J.K.Jeyaseelan, Government Advocate

ORDER

The present writ petition has been filed to quash the impugned proceedings dated 30.11.2021 passed by the 1st respondent and consequently, direct the 1st respondent to promote him to the post of Deputy Block Development Officer on par with his Batch mates as well as the seniority list of Junior Assistant for the year 2015 issued by the 1st respondent vide his proceedings dated 09.05.2012 and 15.05.2015.

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2. When the matter was taken up for hearing, the learned Government Advocate on written instructions submitted that the petitioner's case has already been considered for promotion and the petitioner is likely to be promoted by the month of May in the vacancy which would arise on the retirement of six Deputy Block Development Officer. The said submission is recorded.

3. Heard, the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Carefully perused the materials available on record.

4. In view of the same, this Writ Petition stands closed. However, the petitioner is at liberty to reopen the matter, if he is not promoted in terms of the the said submissions of the learned Government Advocate. No costs. Consequently, connected miscellaneous petition is closed. 23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Personal Assistant to District Collector (Development), Collectorate, Thoothukudi District, Thoothukudi.

3.The Block Development Officer (Village Panchayat), Ottapidaram Panchayat Union, Ottapidaram, Thoothukudi District.

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L.VICTORIA GOWRI, J.

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