P.Raja v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD).No.15639 of 2018 P.Raja, Assistant Agricultural Officer, Agricultural Extension Center, Uthamapalayam Taluk, Theni District.

... Petitioner Vs.

1. The Director, Agricultural Department, Chepauk, Chennai.

2. The Joint Director of Agriculture, Office of Collectorate, Tuticorin District.

3. The Agriculture Joint Director, Theni, Theni District.

4. The Assistant Director of Agriculture, Agriculture Extension Center, Uthamapalayam, Theni District.

... Respondents PRAYER: The Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to include the petitioner name in the appropriate place in the seniority list considering the representation preferred by the petitioner, dated 22.01.2018. For Petitioner : Mr.V.P.Rajan For Respondents : Mr.K.Saravanan Government Advocate

O R D E R

The prayer sought for in the writ petition is for a Writ of Mandamus directing the first respondent to include the petitioner's name in the appropriate place in the seniority list, considering the representation preferred by the petitioner, dated 22.01.2018.

2. Heard Mr.V.P.Rajan, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner was appointed as Assistant Agricultural Officer, by appointment order dated 28.02.2009. However, in the said appointment order, mistakenly the Town / address of the petitioner has been made as Cuddalore instead of Gudalore, with the result the communication reached the petitioner belatedly and therefore, he was not joined along with the others, but he joined 10 days after. The late joining in the post is not due to the reason attributable to the petitioner, but because of the mistake committed by the respondents in giving mistaken address.

4. The learned counsel for the petitioner would further submit that, because of this belated joining, the petitioner's seniority is getting affected. Therefore, in order to place the petitioner in correct position, as per the seniority, the petitioner has given a representation to the respondents, on 22.01.2018 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.

5. I have heard the learned Government Advocate appearing for the respondents, who would submit that the said representation of the petitioner, dated 22.01.2018, would be considered and an order to that effect would be passed within a time frame.

6. Considering the limited scope of the prayer, this Court is inclined to pass the following order that the first respondent is directed to consider the representation of the petitioner, dated 22.01.2018 and pass orders thereon on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With these directions, the Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS-III) To

1. The Director, Agricultural Department, Chepauk, Chennai.

2. The Joint Director of Agriculture, Office of Collectorate, Tuticorin District.

3. The Agriculture Joint Director, Theni, Theni District.

4. The Assistant Director of Agriculture, Agriculture Extension Center, Uthamapalayam, Theni District.

+1cc to Mr.V.P.Rajan, Advocate, SR.No. 73940 +1cc to M/s.Special Government Pleader,SR.No.73856 W.P.(MD).No.15639 of 2018 18.07.2018 AKV KK/RSK/SAR-3/27.12.2018/3P-7C