S.Paul Pandian v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)Nos.14162 of 2018 S.Paul Pandian ... Petitioner Vs.

1.The State of Tamil Nadu, rep. by its Principal Secretary to the Government, Public (Spl.A.) Department, Secretariat, Chennai - 9.

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

3.The District Collector, O/o.the District Collectorate, Salem, Salem District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 23.06.2014, 27.05.2016 and 03.07.2017 to promote the petitioner as District Revenue Officer notionally by including his name in the panel for the year 2002 with all attendant monetary benefits within the period that may be stipulated by this Court. For Petitioner : Mr.H.Mohammed Imran For Respondents : Mrs.S.Srimathy, Spl.G.P.

O R D E R

The prayer sought for herein is for a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 23.06.2014, 27.05.2016 and 03.07.2017 to promote the petitioner as District Revenue Officer notionally by including his name in the panel for the year 2002 with all attendant monetary benefits within the period that may be stipulated by this Court.

2.Heard Mr.H.Mohammed Imran, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Soecial Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that, the petitioner had been promoted as Deputy Collector on 16.06.2014. However, subsequent promotion of District Revenue Officer has not been given and consequently service benefits including the monetary benefits have not been given. However, in the meanwhile, since the petitioner retired from service on superannuation, he seeks the benefit of promotion notionally and the consequential service benefits of monetary benefits from the respondents.

In this regard, the petitioner had given a representation on 27.05.2016 and if the said representation is directed to be considered and an order to that effect is directed to be passed, within a time frame, the petitioner would be satisfied. 4.I have heard the learned Special Government Pleader appearing for the respondents, who would submit that the said representation of the petitioner dated 27.05.2016 would be considered on merits and an order to that effect would be passed, within a time frame. 5.Considering the limited scope of the prayer sought for in this writ petition and after having considered the submissions made by both sides, this Court is inclined to pass the following order in this writ petition:

"The first and second respondents are directed to consider the representation of the petitioner dated 27.05.2016, on merits and in accordance with law and pass orders, within a period of 8 weeks from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar (J) // True Copy // Sub Assistant Registrar(CS-I)

To 1.The Principal Secretary to the Government, State of Tamil Nadu, Public (Spl.A.) Department, Secretariat, Chennai - 9.

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

3.The District Collector, O/o.the District Collectorate, Salem, Salem District.

+1 CC To MR.AJMAL ASSO, Advocate SR. NO. 70928 +1 CC TO The Special Government Pleader SR.NO. 70984 W.P(MD)No.14162 of 2018 03.07.2018 ARUL TR/RSK/SAR-I(12.10.2018)3P 6C