M.Muthusamy v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.7790 of 2018 M.Muthusamy

...Petitioner

-Vs1. The Secretary to Government, Revenue Department, Fort St. George, Chennai-9.

2. The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai-5.

3. The District Collector, Collectorate Office, Dindigul.

4. The Tahsildar, Taluk Office, Ottanchathram Taluk, Dindigul District.

..Respondents COMMON: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to include the petitioner's name to the post Deputy Tahsildar for the year 2007 and given consequential promotions service and monetary benefit attached to the said post in the light of the order of this Court in W.P.(MD)No.956 of 2012 dated 24.02.2014 within time frame. For Petitioner : Mr.S.Kumar For Respondents : Mr.D.Muruganantham Additional Government Pleader

ORDER

The prayer sought for in these Writ Petitions is for a writ of Mandamus to direct the respondents 1 to 3 to include the petitioner's name to the post Deputy Tahsildar for the year 2007 and to give consequential promotions, service and monetary benefit attached to the said post in the light of the order of this Court in W.P.(MD)No.956 of 2012 dated 24.02.2014 within a time frame.

2.By consent of both parties this writ petition itself taken up for final disposal at the stage of admission itself. 3.The petitioner, in order to get promotion to the post of Deputy Tahsildar, already approached this Court by filing W.P.(MD)No.9561 of 2012, wherein this Court by an order dated 24.02.2014 had issued certain directions.

(*) 4." Now, the grievance of the petitioner, according to the learned counsel for the petitioner, is that, even though the petitioner had already been given promotion as Deputy Tahsildar, the said promotion was not given from the actual date". Therefore, seeking retrospective promotion from the actual due date, the petitioner though had already approached the respondents by making representation dated 13.04.2017, so far, the said representation is not considered. Therefore, the learned counsel would submit that if a direction to the respondents is given to the effect that to consider the representation of the petitioner and pass orders, the petitioner shall be satisfied.

5.I have heard Mr.D.Muruganantham, learned Additional Government Pleader, appearing for the respondents in this regard. 6.In view of the said submission made by the learned counsel for the petitioner, this writ petition, with the consent of both parties, is disposed of with the following direction:- " that the third respondent is hereby directed to consider the representation of the petitioner dated 13.04.2017 on merits and in accordance with law and pass a reasoned order within a period of six weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) (*)Amended as per order of this Hon'ble Court dated 23.05.2018.

/True Copy/ Sub Assistant Registrar To (To be Substituted to the order already despatched on 27.04.2018)

1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-9.

2. The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai-5.

3. The District Collector, Collectorate Office, Dindigul.

4. The Tahsildar, Taluk Office, Ottanchathram Taluk, Dindigul District.

+1cc to Mr.S.Kumar, Advocate SR.No.60658 +1cc to The Spl. Government Pleader Sr.No.61035,66111 TA VB/RSK/SAR3/26.04.2018/3P/7C VB/SKN/RSK/SAR2/04.06.2018/3P/7C W.P.(MD)No.7790 of 2018 11.04.2018