C.Manikandan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)Nos.8724, 8728 and 8730 of 2020 C.Manikandan ... Petitioner Vs.
1.The State of Tamil Nadu represented by the Additional Chief Secretary to Government, Revenue and Disaster Management Department, Services Wing, (Ser.3(2)), Fort St. George, Chennai 600 009.
2.The Principal Secretary /Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
3.The District Collector, Thanjavur District, Thanjavur.
4.Mr.T.Sukumar 5.Mr.D.Madhusoodhanan 6.Mr.K.Muruga Kumar 7.Mrs.G.Persiya ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of CERTIORARIFIED MANDAMUS to call for the entire records pertaining to i) the order passed by the Chief Secretary to Government (Revenue and Disaster Management) Department, Services Wing Ser.3(2) Section vide G.O.1D No.46 dated 24.01.2020, ii) the circular issued in Circular No.13/2017 in Roc.No.Ser.3(2)/12304 dated 16.10.2017 issued by the 2nd respondent herein and iii) the consequential orders of the fixation of Seniority for the panel to the post of Deputy Tahsildar for the years 2014, 2015, 2016 vide proceedings of the 3rd respondent herein in RC No.A5/39132/2017 dated 30.04.2018 and iv) the order of promotion in Na.Ka.No.A5/2018/2018, dated 14.06.
2019 issued by the respondents 4 to 7 and quash them all as illegal, arbitrary and unreasonable, being violative of rules and principles of natural justice and thereby direct the respondent herein to revise the seniority list fit for appointment by transfer of service / promotion to the post of Deputy Tahsildar by restoring the panel issued by proceedings in Rc.16275/A5, dated 03.11.2015 issued by the third respondent herein.
Mr.A.R.Suresh For R1 to R3 :
Mr.S.P.Maharajan Special Government Pleader For R4 to R7 :
Mr.S.Visvalingam
O R D E R
This writ petition has been filed challenging the order passed by the Chief Secretary to Government (Revenue and Disaster Management) Department, Services Wing Ser.3(2) Section vide G.O.1D No.46 dated 24.01.2020, the circular issued in Circular No.13/2017, dated 16.10.2017 issued by the 2nd respondent and the consequential orders of the fixation of Seniority for the panel to the post of Deputy Tahsildar for the years 2014, 2015, 2016 vide proceedings of the 3rd respondent dated 30.04.2018 and the order of promotion dated 14.06.2019, issued by the respondents 4 to 7 and to quash the same and consequently direct the respondents to revise the seniority list fit for appointment by transfer of service / promotion to the post of Deputy Tahsildar by restoring the panel issued by proceedings in Rc. 16275/A5, dated 03.11.2015, issued by the third respondent.
2. The learned counsel appearing for the petitioner would submit that the issue arise in the writ petition with regard to the rule of reservation provided for directly recruited Assistants is before the Apex Court in the Contempt Petition Diary No.32012/2021 in S.L.P(C) No.2886/2016 and the same is pending.
3. In view of the above, liberty is granted to the petitioner to pursue the remedy after disposal of the Contempt Petition Diary No. 32012/2021 in S.L.P(C) No.2886/2016, which is pending before the Apex Court.
4. Recording the same, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 10.02.2023 NCC :Yes/No Index : Yes / No Speaking Order : Yes / No akv
To 1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Revenue and Disaster Management Department, Services Wing, (Ser.3(2)), Fort St. George, Chennai 600 009.
2.The Principal Secretary /Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
3.The District Collector, Thanjavur District, Thanjavur.
M.DHANDAPANI,J.
akv 10.02.2023