R.Vijayadharshini v. The Addl. Chief Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.11.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY R.Vijayadharshini
...Petitioner
Vs 1.The Additional Chief Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.
2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005.
3.The District Revenue Officer, Pudukottai District, Pudukottai.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent i.e., the Additional Chief Secretary to Government, Revenue Department, Chennai to obtain necessary proposals from the subordinate officers i.e., the Principal Secretary and Commissioner of Revenue Administration, Chennai and the District Revenue Officer, Pudukottai and to pass appropriate orders on merits and in accordance with law on the petitioner's representation dated 23.07.2020 within a specified time frame, that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam For Respondents: Mr.M.Jeyakumar Additional Government Pleader
ORDER
This writ petition is filed to direct the 1st respondent to obtain necessary proposals from the respondents 2 and 3 and to pass appropriate orders on the petitioner's representation dated 23.07.2020.
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2.According to the petitioner, she was initially selected and appointed as Typist in the Taluk Office, Pudukottai and thereafter, her name has been included in the approved Assistant list for the year 2020. Subsequently, she has been promoted and joined duty as Senior Revenue Inspector in the Taluk Office, Aranthangi on 11.06.2020.
3.It is the grievance of the petitioner that her name has not been included in the approved list of Senior Revenue Inspector for the year 2019 on the ground that she has not completed her training period of Junior Assistant on the crucial date ie., on 15.03.2019, since she was not deputed to Junior Assistant training period in time by the department.
4.The learned counsel appearing for the petitioner would submit that because of the mistake of the department in not deputing the petitioner for Junior Assistant training in time, the persons, who joined duty as Junior Assistant subsequent to the petitioner's joining as Typist, have been included in the approved list of Assistant for the year 2019. He would further submit that if the respondent department deputed the petitioner for Junior Assistant training in time, her name would have been included in the approved list of Assistant for the year 2019. In this regard, though the petitioner has given a representation dated 23.07.2020 before the respondents seeking to include her name in the approved list of Senior Revenue Inspector for the year 2019, so far no action has been taken. Hence, petitioner is before this Court. 5.
On the other hand, Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondents would submit that the petitioner is not entitled for inclusion of her name in the approved list of Senior Revenue Inspector for the year 2019, since she has not completed her training period for the post of Junior Assistant on the crucial date ie., on 15.03.2019. However, it is for the Government to grant any exemption for attending the training period of Junior Assistant on the crucial date, to the persons, who are not completed the training period of Junior Assistant. He would further submit that the petitioner's representation dated 23.07.2020 will be disposed of within a time frame to be fixed by this Court. 6.
In view of the submission made by the learned counsel on either side, this Court is inclined to pass the following direction:- the respondents are directed to consider the petitioner's representation dated 23.07.
7.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Additional Chief Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.
2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005.
3.The District Revenue Officer, Pudukottai District, Pudukottai.
+1 CC to SGP ( SR-21118[F] dated 04/11/2020 ) +1 CC to M/s.S.VISVALINGAM, Advocate ( SR-21210[F] dated 05/11/2020 ) 03.11.2020 KM(CO) NR (10/11/2020) 3P : 6C 3/3