Sivakami v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15027 of 2025 1.Sivakami 2.Jayanthi 3.C.Thenmozhi 4.S.Neethirajan ... Petitioners -vs1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai - 600 009.

2. The Additional Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Collector, Karur District, Karur.

4. The District Revenue Officer, Karur District, Karur.

5. The Personal Assistant (General) to the Collector of Karur, Karur District, Karur.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the representations dated 14.07.2023, 06.02.2025 and to direct the District 1/6

Collector, Karur to release forthwith the inter-se seniority of Junior Assistants / Typists who joined duty in the year 2009 and to include their names in the panel of Assistants for Karur District for the year 2012 in the light of (i) instructions of the Government in G.O. Ms. No.417, Personnel and Administrative Reforms Department dated 01.12.1993, (ii) proceedings of the 2nd respondent, the Head of Department in Pro. Roc. No. 4(4)/32462/2013 dated 23.09.2014, (iii) orders passed by this Hon'ble Court in WP No.15180 of 2013 dated 14.06.2013 and (iv) WP (MD)No.23155 of 2015 dated 12.08.2022; and (v) recommendation of the District Collector, Karur Roc.No.A3/3490/2018 dated 02.09.2023.

For Petitioners : Mr.W.Pamelin For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to consider the petitioners' representations dated 14.07.2023, 06.02.2025 and also to the District Collector, Karur to release forthwith the inter-se seniority of Junior Assistants / Typists who joined duty in the year 2009 and to include their names in the panel of Assistants for Karur District for the year 2012 in the light of the (i) instructions of the Government in G.O. Ms.No.417, Personnel and Administrative Reforms Department dated 2/6

01.12.1993, (ii) proceedings of the 2nd respondent in Pro. Roc. No. 4(4)/32462/2013 dated 23.09.2014, (iii) orders passed by this Hon'ble Court in WP No.15180 of 2013 dated 14.06.2013 and WP (MD)No.23155 of 2015 dated 12.08.2022; and (iv) recommendation of the District Collector, Karur in Roc.No.A3/3490/2018 dated 02.09.2023.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioners joined as Typists in Karur District Revenue Unit in the year 2009 and they have got regularization and probation also. They have passed all the requisite tests for inclusion in the panel of Assistants and as on 15.03.2012, they were fully qualified and eligible for inclusion in the panel of Assistants for the year 2012. However, they were not included in the said panel. The directly recruited Assistants, who joined after 15.03.2012 were included in the inter-se seniority list of Assistants and they were given promotion as Deputy Tahsildars. In this regard, the petitioners made representations dated 14.07.2023 and 06.02.2025, to the second respondent. Since the said representations were not considered, the petitioners have filed the present Writ Petition seeking the aforesaid relief. 3/6

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioners' representations dated 14.07.2023 and 06.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners as well as all other persons, who may be necessary in the subject matter, within a period of two 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 views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. It is also made clear that the authority concerned shall not be influenced by any of the observations made by this Court, while passing the orders in the case of the petitioners.

4/6

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 02.06.2025 NCC : Yes/No (2/2) Index : Yes / No sm 5/6

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai - 600 009.

2. The Additional Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Collector, Karur District, Karur.

4. The District Revenue Officer, Karur District, Karur.

5. The Personal Assistant (General) to the Collector of Karur, Karur District, Karur.

Order made in W.P.(MD)No.15027 of 2025 (2/2) Dated:

02.06.2025 6/6