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Madras High CourtWP(MD)/23848/2017disposed of

K.Saravanakumar v. The Principal Secretary To

2017-12-22Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.23848 of 2017 K.Saravanakumar ... Petitioner Vs.

1.The Principal Secretary to Government, Commissioner of Revenue Administration, Secretariat, Chennai-600 002.

2.The District Collector, Theni District, Theni.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to re-fix the seniority of the petitioner as per the amended Rule 38 (b)(ii) of Tamil Nadu Ministerial Service Rules read with Annexure IX, Paragraph 9 and the entries therein in item Nos.(a), (b), © and (d) and place the petitioner in appropriate place in the Combined Seniority List.

For Petitioner : Mr.M.Muthugeethayan For Respondents : Mr.S.Sadesh Kumar, Additional Government Pleader.

O R D E R

The petitioner, who is presently working as Senior Revenue Inspector in Theni District Revenue Unit, has filed this Writ Petition seeking direction to the second respondent to re-fix the seniority of the petitioner as per the amended Rule 38(b)(ii) of Tamil Nadu Ministerial Service Rules read with Annexure IX, Paragraph 9 and the entries therein in item Nos.(a), (b), © and (d) and place the petitioner in appropriate place in the Combined Seniority List.

2.Heard Mr.M.Muthugeethayan, learned counsel appearing for the petitioner and Mr.S.Sadesh Kumar, learned Additional Government Pleader, who takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner submits that before filing of the Writ Petition, the petitioner has made a

representation dated 11.12.2017 to the second respondent, which is still pending and the petitioner would be satisfied, if the same is disposed expeditiously.

4.The learned Additional Government Pleader appearing on behalf of the respondents submits that the said representation would be taken up and disposed of.

5.In the circumstances, this Court, without expressing any view on the correctness or entitlement of the claim made, directs the second respondent to dispassionately consider the representation dated 11.12.2017 made by the petitioner and pass reasoned orders on merits in accordance with law and communicate the decision taken to the petitioner and file a report of such compliance before the Registrar (Judicial) of this Court on or before 31.01.2018. 6.With the aforesaid direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Commissioner of Revenue Administration, Secretariat, Chennai-600 002.

2.The District Collector, Theni District, Theni.

3.The Registrar(Judicial) Madurai Bench of Madras High Court, Madurai.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 95011 +1cc to Mr.M.MUTHUGEETHAYAN Advocate in SR. No. 94587 MYR/TA JS/SKN.RSK/SAR.1/03.01.2018/2P-6C W.P.(MD)No.23848 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/