S.Karthick v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.12234 of 2024 and W.M.P(MD)No.10858 of 2024 S.Karthick ... Petitioner Vs.
1.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Services Wing Service (3(1) Section, Secretariat, Chennai - 600 009.
2.The Additional Chief Secretary/ Commissioner of Revenue Administration, Chennai 600 005.
3.The District Collector Theni District.
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4.The District Supply and Consumer Protection Officer, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents herein to include the name of the petitioner in the 2023 Tahsildar Panel and promote the petitioner herein as Tahsildar in the existing vacancies of Tahsildar in Theni District as per the letter of eligibility of the 3rd respondent in ref.E.Ko.Na.Ka.No.
A1/1259373/2024 dated --.02.2024 signed on 01.03.2024. For Petitioner : Mr.V.S.Kumara Guru For Respondents : Mr.M.Lingadurai Special Government Pleader
ORDER
The petitioner has filed this writ petition seeking for a Writ of Mandamus to direct the respondents herein to include the 2/7
name of the petitioner in the 2023 Tahsildar Panel and promote the petitioner herein as Tahsildar in the existing vacancies of Tahsildar in Theni District as per the letter of eligibility of the 3rd respondent in ref.E.Ko.Na.Ka.No. A1/1259373/2024 dated --.02.2024 signed on 01.03.2024.
2. Heard Mr.V.S.Kumara Guru, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
4. The petitioner who is the Deputy Tahsildar is said to be eligible for promotion to the post of Tahsildar. The petitioner's name has not been included citing the reason that the disciplinary proceedings are contemplated against the petitioner. But the petitioner's name has not been included in the consecutive two 3/7
promotion panel. As the promotion panel for the year 2023-2024 is being finalised, the petitioner has given a representation seeking to include his name in the panel.
5. The learned Special Government Pleader for the respondents submitted that the petitioner is involved in a serious allegation of vigilance and anti corruption case and the disciplinary proceedings against the petitioner is said to be pending before the Tribunal.
6. Whatever may be the case, it is appropriate on the part of the respondents to pass an order on the representation given by the petitioner on its own merits and in accordance with law. It is upto the petitioner to give a fresh representation to the respondents.
7. The petitioner is at liberty to give a fresh representation to the respondents within a period of one week from the date of receipt of a copy of this order and on receipt of the same, 4/7
the respondents shall consider the same and pass appropriate orders within a period of two weeks thereafter.
8. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
14.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To 1.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Services Wing Service (3(1) Section, Secretariat, Chennai - 600 009.
2.The Additional Chief Secretary/ Commissioner of Revenue Administration, Chennai 600 005.
3.The District Collector Theni District.
4.The District Supply and Consumer Protection Officer, Theni District.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.12234 of 2024 14.06.2024 7/7