K.Mariappan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14040 of 2017 K.Mariappan .. Petitioner Vs.

1.The District Revenue Officer, Thoothukudi District, Collectorate, Thoothukudi - 628 101.

2.The Personal Assistant (General) to the Collector, Thoothukudi District, Thoothukudi.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent i.e., the District Collector, Thoothukudi to pass appropriate orders on merits and in accordance with law on the petitioner's representations dated 18.01.2016 and 10.04.2017 and in the light of the G.O.(Perm) No.645, Revenue Department, dated 29.11.2010 within a specified time frame that may be fixed by this High Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.K.Guru, Additional Government Pleader.

ORDER

This writ petition has been filed by the petitioner to issue a writ of Mandamus directing the first respondent to consider the petitioner's representations dated 18.01.2016 and 10.04.2017 and pass orders to promote the petitioner as Office Assistant within the stipulated time as fixed by this Court. 2.Mr.K.Guru, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. 4.Heard both sides.

5.The case of the petitioner is that he joined duty as Thalayari on 16.05.1981 and he was absorbed in the regular time scale of pay and designated as Village Assistant with effect from https://hcservices.ecourts.gov.in/hcservices/

01.06.1995 and now he is serving as Village Assistant in Senkottai Village, Vilathikulam Taluk, Thoothukudi District. He has also passed S.S.L.C. Examination in the year 1984. As per G.O.(Perm) No.645, Revenue Department, dated 29.11.2010, 10% of the vacancies of Office Assistant has to be filled up from the post of Village Assistant. According to the petitioner, since he has completed ten years of service as Village Assistant on 31.05.2005, as per G.O.(Perm)No.645, dated 29.11.2010, he is eligible to be promoted to the post of Office Assistant. But, his juniors have been promoted as Office Assistant. Therefore, he made detailed representations to the first respondent. Since, the same were unattended so far, the petitioner is before this Court. 6.

The learned counsel for the petitioner would submit that it would be suffice, if the representations of the petitioner dated 18.01.2016 and 10.04.2017, are disposed of by the first respondent in the light of G.O.(Perm)No.645, dated 29.11.2010. 7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representations of the petitioner dated 18.01.2016 and 10.04.2017, in the light of G.O.(Perm)No.645, Revenue Department, dated 29.11.2010 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AE) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Revenue Officer, Thoothukudi District, Collectorate, Thoothukudi - 628 101.

2.The Personal Assistant (General) to the Collector, Thoothukudi District, Thoothukudi.

+1cc to M/S.S.VISVALINGAM, Advocate SR.No.68478 +1cc to Special Government Pleader, SR.No.69311 smn MAS/KP/SAR2:07.08.2017:2P-5C ORDER MADE IN W.P(MD)No.14040 of 2017 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/