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Madras High CourtWP(MD)/21405/2015allowed

T. Muruganandam v. The Director Of Agriculture,

2015-12-02Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2015 C O R A M THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Writ Petition (MD)No.21405 of 2015 T.Muruganandam ...

Petitioner Vs.

1.The Director of Agriculture, Agriculture Department, Chepauk, Chennai-600 005.

2.The Joint Director of Agriculture, Ramanathapuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the first respondent i.e. The Director of Agriculture, Chennai relating to impugned order No.KaPaNi.2/48449/2015 (5) dated 19.09.2015 and quash the same and consequently direct the first respondent to promote the petitioner as Assistant Seed Officer on par with his junior with all monetary benefits within a specified time frame. For Petitioner :Mr.S.Visvalingam For Respondents :Mr.S.Sadeskumar Additional Government Pleader

ORDER

The petitioner is now working as an Assistant Agricultural Officer. He has not been considered for the promotion of Assistant Seed Officer on the sole ground that he failed in S.S.L.C examination. The impugned order in Letter No.KaPaNi.2/48449/2015 (5) dated 19.09.2015 of the Director of Agriculture, Chennai, also proceeds that the petitioner failed in S.S.L.C.

2. The impugned order refers to the proceedings of the Joint Director of Agriculture, Ramanathapuram District, dated 20.07.2015. Placing reliance on the aforesaid proceedings, the impugned order is passed.

3.

After sending the aforesaid report dated 20.07.2015, the Joint Director of Agriculture sent another report in Pani/3259/15 dated 03.08.2015 that his report dated 20.07.2015 is an erroneous one. Instead of stating that the petitioner has passed the S.S.L.C examination, it was wrongly mentioned that he failed in the S.S.L.C. examination. 4.

Under these circumstances, the petitioner has filed this writ petition to quash the afore-said order dated 19.09.2015 of the Directorate of Agriculture, Chennai, which is based on the report of the Joint Director of Agriculture, dated 20.07.2015 https://hcservices.ecourts.gov.in/hcservices/

5.

In the aforesaid facts and circumstances, I am inclined to quash the order dated 19.09.2015 of the Director of Agriculture, Chennai and the matter is remitted back to pass fresh order, in the light of the proceedings dated 03.08.2015, of the Joint Director of Agriculture, Ramanathapuram , within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub AssistantRegistrar To, 1.The Director of Agriculture, Agriculture Department, Chepauk, Chennai-600 005.

2.The Joint Director of Agriculture, Ramanathapuram District.

+1cc to Mr.S.Visvalingam, Advocate SR.No.68792 +1cc to special Government Pleader SR.NO.69080 sm:Gsv-An:11.12.2015:2P/5C W.P.(MD)No.21405 of 2015 02.12.2015 https://hcservices.ecourts.gov.in/hcservices/