Vanmeekanathan v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.13224 to 13227 of 2017 Vanmeekanathan ... Petitioner in W.P.(MD)No.13224 of 2017 R.Solairani ... Petitioner in W.P.(MD)No.13225 of 2017 K.Selvi ... Petitioner in W.P.(MD)No.13226 of 2017 S.Usha ... Petitioner in W.P.(MD)No.13227 of 2017 vs.
2.The District Collector, Pudukkottai District, Pudukkottai.
... Respondents in W.P.(MD)Nos.13224 and 13225 of 2017 3.The Assistant Director, Panchayat Administration, Pudukkottai, Pudukkottai District.
. .. Respondent in W.P.(MD)No.13224 of 2017 (Union Office), Panchayat Union, Pudukkottai, Pudukkottai.
... Respondent in W.P.(MD)No.13225 of 2017 2.The District Collector, Ramanathapuram District,Ramanathapuram.
3.The Project Officer, Mahalir Thittam, Officer, Ramanathapuram, Ramanathapuram District.
...Respondents in
W.P(MD)No.13226 of 2017
2.The District Collector, Trichy District, Trichy.
Panchayat Union, Thiruverumbur, Trichy District.
... Respondents in W.P.(MD)No.13227 of 2017 Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writs of Mandamus, directing the respondents to consider the petitioner's representation dated 06.04.2017, 21.03.2017, 27.03.2017 and 23.04.2017 respectively within the time frame of this Court. For Petitioners : Mr.R.Vijayakumar For Respondents : Mr.D.Muruganatham, Additional Government Pleader.
COMMON ORDER By consent of both sides, these writ petitions themselves are taken up for final disposal.
2.The petitioners have come to this Court seeking Writs of Mandamus directing the second respondent to consider the pending representations dated 06.04.2017, 21.03.2017, 27.03.2017 and 23.04.2017 respectively, in which, they have requested the respondents for refixation of their seniority as per Rule 35(b) of Tamil Nadu State and Subordinate Service Rules.
3. It is the claim of the petitioners that they have been appointed as Steno Typist Grade III. Subsequently, they have been given promotion by transfer. Under Rule 35(b) of the Tamil Nadu State and Subordinate Service Rules, their earlier services put in the post of Steno Typist Grade III should also be taken into account for the purpose of seniority and promotion. Therefore, they have given representations to consider their refixation of seniority. The said representations, till date, have not been considered. Therefore, the petitioners are before this Court with these writ petitions.
4. Mr.D.Muruganatham, learned Additional Government Pleader, taking notice for the respondents sought for time to find out whether the case of the petitioners were covered by the Rule 35(b)
of Tamil Nadu State and Subordinate Service Rules and also submitted that the case of the petitioners would be examined only after considering their representations.
5. Instead of waiting for instructions, I find no impediment to direct the respondents to consider the representation, accordingly, the respondents are directed to consider the representations of the petitioners and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order. 6.With the above direction, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 2.The District Collector, Pudukkottai District, Pudukkottai.
(Union Office), Panchayat Union, Pudukkottai, Pudukkottai District.
4.The District Collector, Ramanathapuram District, Ramanathapuram.
5.The Project Officer, Mahalir Thittam, Office, Ramanathapuram, Ramanathapuram District.
6.The District Collector, Trichy District, Trichy.
7.The Block Development Officer, Panchayat Union, Thiruverumbur, Trichy District.
8.The Assistant Director, Panchayat Administration, Pudukkottai, Pudukkottai District.
+1cc to Special Government Pleader, SR.No. 66900 +4cc to M/S.R.Vijayakumar, Advocate SR.No. 66236 to 66239 W.P(MD)Nos.13224 to 13227 of 2017 19.07.2017 Mrn/RR JM/KK/SAR 1/08.08.2017/4P/14C