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Madras High CourtWP(MD)/7401/2018disposed of

P.Regina Devi v. The Principal Secretary To

2018-04-05Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.7401 of 2018 P.Regina Devi : Petitioner Vs.

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Revenue Department, Ezhilagam, Chepauk, Chennai - 625 005.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Tahsildar, Taluk Officer, Devakottai, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent ie., the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the petitioner's representation dated 02.02.2018 regarding re-fixation of her seniority in the absorption of Junior Assistant in the regular time scale of pay in the year 2009 on par with the Junior Assistants absorbed in the Revenue Department in the year 2009 since the delay in the verification of community certificate is purely on administrative reasons.

For Petitioner : Mr.S.Visvalingam For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

************ By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The prayer sought for in this writ petition is for a Writ of Mandamus directing the first respondent ie., the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the petitioner's representation dated 02.02.2018 regarding re-fixation of her seniority in the absorption of Junior Assistant in the regular time scale of pay in the year 2009 on par with the Junior Assistants absorbed in the Revenue Department in the year 2009 since the delay in the verification of community certificate is purely on administrative reasons.

3.Heard Mr.S.Visvalingam, learned Counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.

4.The learned Counsel appearing for the petitioner submits that the prayer sought for in the writ petition is only to give a direction to the respondents, especially the first respondent to consider the representation of the petitioner dated 02.02.2018 and pass orders thereon.

5.I have heard the learned Special Government Pleader appearing for the respondents also in this regard.

6.In view of the said innocuous prayer of direction to the first respondent to dispose of his representation on merits, this writ petition is disposed of at the admission stage with the consent of both sides by issuing the following direction: 6.1.The first respondent is directed to consider the representation of the petitioner dated 02.02.2018 and pass orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. 7.With the above direction, the writ petition stands disposed of. However, in the circumstances of the case, there shall be no order as to costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Revenue Department, Ezhilagam, Chepauk, Chennai - 625 005.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Tahsildar, Taluk Officer, Devakottai, Sivagangai District.

+1CC to Mr.S.Visvalingam, Advocate, SR.No. 59848 +1CC to the Special Government Pleader SR.No.60255 ORDER MADE IN W.P.(MD)No.7401 of 2018 05.04.2018 MR AM/KK/SAR 1/27.04.2018/3P/7C