D.Vijay Ananth, v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9641 of 2019 D.Vijay Ananth ... Petitioner vs.

1.The Inspector General of Registration, 100, Santhome Highways, Chennai.

2.The District Registrar, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner, dated 12.12.2018 and thereby fix the seniority by placing the petitioner below all the candidates appointed from the regular list for the year 2007-2008 in the light of G.O.Ms.No.146 Personnel and Administration Reforms (S) Department dated 13.09.2006, within the stipulated time as fixed by this Court.

For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.M.Murugan Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the first respondent to consider the representation of the petitioner, dated 12.12.2018 and thereby fix the seniority by placing the petitioner below all the candidates appointed from the regular list for the year 2007-2008 in the light of G.O.Ms.No.146 Personnel and Administration Reforms (S) Department dated 13.09.2006, within the stipulated time as fixed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the Writ Petition is taken up for disposal at the stage of admission itself.

3. The case of the petitioner is that he appeared for the examination conducted by the Tamil Nadu Public Service Commission for the post in combined Subordinate Service on direct recruitment

in the year 2007-2008 and after he passed in the written examination and interview, he was kept under reserve list and thereafter, he was appointed as Sub-Registrar Grade-II and after promotion, he is now working as Sub-Registrar Grade-I. The grievance of the petitioner is that as per G.O.Ms.No.146, dated 13.09.2006, the candidates appointed from the reserve list shall be placed below all the candidates appointed from the regular list in the same order in which the vacancies have arisen. Hence, the petitioner made a representation dated 12.12.2018 requesting the first respondent to place him below all the candidates appointed from the regular list for the year 2007 for the purpose of fixing his seniority. However, the same has not been considered so far. Therefore, the petitioner is before this Court by filing this writ petition.

4. The learned Government Advocate appearing for the respondents submitted that the respondents would consider the representation of the petitioner on merits, within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 12.12.2018 seeking fixation of seniority in line with G.O.Ms.No.146, dated 13.09.2006 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) ssl To 1.The Inspector General of Registration, 100, Santhome Highways, Chennai.

2.The District Registrar, Madurai.

+1CC TO MR.D.SADIQ RAJA, Advocate Sr. No.62303 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.62714 W.P(MD)No.9641 of 2019 23.04.2019 DKS(CO) TR (23.05.2019) 3P 5C