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Madras High CourtWP(MD)/16755/2017disposed of

Mrs.M.Umameenakshi, v. The Secretary To Government,

2017-09-05Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.16755 of 2017 Mrs.M.Uma Meenakshi ... Petitioner vs.

1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary, Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Sivagangai, Sivagangai District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the third respondent to include the name of the petitioner in the Deputy Tahsildar Panel list 2017, by considering her representation, dated 21.08.2017.

For Petitioner : Mr.G.V.Vairam Santhosh For Respondents : Mr.K.Guru Additional Government Pleader

ORDER

Mr.K.Guru, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal.

2.The petitioner having been directly recruited to the post of Typist in the Revenue Department by the Tamil Nadu Public Service Commission, joined the service on 11.09.2009 F.N. at Sivagangai Revenue Unit. Later on, she was promoted as Senior Revenue https://hcservices.ecourts.gov.in/hcservices/

Inspector in the Revenue Department. It is also claimed that the petitioner has also completed Taluk Services, Revenue Inspector Services and other departmental tests. While so, in the year 2010, she went on earned leave from 27.05.2010 to 10.06.2010 for about 15 days; and maternity leave from 11.06.2010 to 24.08.2010 for about 75 days. The said leave was also sanctioned and regularised by the Personal Assistant [General] to the District Collector, Sivagangai District, in his proceedings in Moo.Mu.A3/22265/2010, dated 06.10.2010. The petitioner also received salary for the said period. The third respondent while preparing the panel for promotion to the post of Deputy Tahsildar for the year 2017 excluded the name of the petitioner, for the reason that she was not working from 27.05.2010 to 24.08.2010 for a period of 90 days. Since the said period of leave was regularised and the petitioner was also paid salary for the said period, a representation was given by the petitioner to the third respondent on 21.08.2017, requesting him to include her name in the promotion panel.

3.Mr.K.Guru, learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered in accordance with law, within a time frame to be fixed by this Court.

4.Recording the abovesaid submission made by the learned Additional Government Pleader appearing for the respondents, without going into the merits of the case, this Court directs the third respondent to consider the representation of the petitioner, dated 21.08.2017, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary, Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Sivagangai, Sivagangai District. +One cc to Mr.G.V.Vairam Santhosh, Advocate, SR.No.76937 smn2 RL/5C/2P/JC/SAR1/13/9/2017 WP(MD)No.16755 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 05.09.2017