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Madras High CourtWP(MD)/15239/2022disposed of

Santhammal. C v. The District Collector

2022-07-14Honourable Mr Justice G. Chandrasekharan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD)No.15239 of 2022 and W.M.P.(MD) No.10914 of 2022 C.Santhammal ... Petitioner Vs.

1.The District Collector, Sivagangai.

2.The District Revenue Officer, Sivagangai.

3.A.Jeeva 4.V.Vala Parameswaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to promote the petitioner herein as Senior Revenue Inspector with effect from 04.05.2018, the date on which her juniors viz., respondents 3 1/6

and 4 were promoted instead of 12.07.2019 and confer her all monetary and service benefits.

For Petitioner : Mr.S.Mohammed Suhail for M/s.Ajmal Associates For Respondents : Mrs.D.Farjana Ghousia, Special Government Pleader

O R D E R

This writ petition has been filed seeking a writ of Mandamus to direct the respondents 1 and 2 to promote the petitioner herein as Senior Revenue Inspector with effect from 04.05.2018, the date on which her juniors viz., respondents 3 and 4 were promoted, instead of 12.07.2019 and confer her all monetary and service benefits.

2. The learned counsel for the petitioner submitted that the petitioner was recruited by Tamil Nadu Public Service Commission, as Typist and allotted to Revenue Department, Sivagangai. Thereafter, by proceedings of the Personal Assistant to General (Collector), Sivagangai, dated 25.08.2014, she was appointed as Typist in the office of Tahsildar, 2/6

Thirupathur. Her service was regularised with effect from 25.08.2014. By proceedings, dated 04.05.2018 of the second respondent, the panel for promotion to the post of Senior Revenue Inspectors was published and the petitioner's name did not find place. Again by proceedings, dated 12.07.2019 of the second respondent, a panel of Senior Revenue Inspectors was published and the petitioner's name found place at serial No.7. Later, the petitioner was promoted as Senior Revenue Inspector, Karaikudi. The petitioner is entitled to be promoted as Senior Revenue Inspector as per panel, dated 04.05.2018. For no reason, her name was not found in the panel and she was not given promotion in the year 2018. But she was given promotion only in the year 2019.

The respondents 4 and 5, who are juniors to the petitioner in service were included in the panel in the year 2018 itself. In this regard, she gave a representation, dated 02.11.2021 to include the petitioner's name in the year 2018 panel for Senior Revenue Inspectors and to revise the seniority and the same has not been considered so far. Therefore, this writ petition has been filed.

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3. Mrs.D.Farjana Ghousia, learned Special Government Pleader takes notice on behalf of the respondents 1 and 2 and submitted that the petitioner's representation would be considered. It is further submitted that there is no acknowledgement for receiving the representation by the authority concerned.

4. In response, the learned counsel for the petitioner submitted that the representation was submitted to the District Revenue Officer, Sivagangai, through the Tahsildar, Karaikudi. Therefore, no postal acknowledgement was available.

5. It is further submitted by the learned counsel for the petitioner that no charge memo was issued against the petitioner and no enquiry was conducted and no punishment was imposed. When that be the case, overlooking the petitioner in 2018 panel and giving promotion to her juniors, is not correct.

6. Considering the claim of the petitioner, this Court directs the respondents 1 and 2 to consider the petitioner's representation, dated 4/6

02.11.2021 and pass appropriate orders. If necessary, the petitioner may forward a copy of said representation, dated 02.11.2021 to the respondents 1 and 2, for further action, within a period of two weeks from the date of receipt of a copy of this order and after receipt of the said representation, the respondents 1 and 2 are directed to consider the same and pass appropriate orders within a period of four weeks thereafter.

7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.07.2022 Index : Yes / No Internet : Yes / No RM To 1.The District Collector, Sivagangai.

2.The District Revenue Officer, Sivagangai.

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G.CHANDRASEKHARAN, J.

RM W.P.(MD)No.15239 of 2022 14.07.2022 6/6