V.Murugesan, v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 22.03.2018 Pronounced on : 04.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.24155 of 2017 and W.P.(MD).Nos.20275 and 20276 of 2017 V.Murugesan ... Petitioner Vs.
1. The Secretary to Government, Department of Rural Development and Panchayat Raj, St, George Fort, Chennai-600 009.
2. The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-600 015.
3. The District Collector, Karur District, Karur.
4. Arputharaj, Assistant, K.Paramathi Union, Karur District.
5. V.Rajesh Kumar, Assistant, Development Section, District Collectorate, Karur.
6. P.Jeganathan, Assistant, Development Section, District Collectorate, Karur, Now Rural Welfare Officer, Kadavur Panchayat Union, Karur District.
7. K.Thiruvenkadam, Assistant, Small Savings Section, District Collectorate, Karur.
8. K.Vivekananthan, Assistant / Accountant (Planning), District Collectorate, Karur.
9. V.Krishnakumar, Assistant, Panchayat Union, Krishnarayapuram, Karur District.
10. R.Parimeleshwaran, Assistant, Panchayat Union, Karur.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of Fixation of Seniority passed by the third respondent dated 29.04.2016 in Na.Ka.Pa.va4/2309/2014 in respect of S.Nos.1 to 7 and the consequential order of the third respondent dated 23.02.2017 in Na.Ka.Pa.Va9/7073/2016 and quash the same and directing the second and third respondents to restore the petitioner's seniority and promote the petitioner for the post of Block Development Officer immediately with service and monetary benefits.
For petitioner : Mr.ARL.Sundaresan Senior Counsel for Mr.P.Srinivas For R1 to R3 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For R4 to R10 : Mr.S.Balamurugan
O R D E R
The petitioner is presently working as Deputy Block Development Officer. He was appointed as Panchayat Clerk on 01.11.1996. He became a Junior Assistant on 08.08.2008 by way of promotion.
He was promoted as Assistant on 24.02.2011. Thereafter, he was promoted as Deputy Block Developement Officer on 16.07.2013. The petitioner's seniority was fixed at Serial No.124 in the cadre of Assistant. However, the tentative seniority list was issued on 29.04.2016 placing the private respondents herein above the writ petitioner by introducing Serial Nos.123(a) to 123(g).
The writ petitioner submitted his objections on 05.07.2016. However, without considering the same, the impugned order has been passed on 23.02.2017. The same is assailed in this Writ Petition.
2.Heard the learned Senior Counsel appearing for the petitioner as well as the learned Additional Government Pleader for the respondents 1 to 3 and the learned counsel appearing for the private respondents.
3.Though elaborate submissions were advanced on merits on either side, this court does not propose to go into the same. It is a fact that the petitioner was promoted as Assistant prior to the private respondents herein. He also became a Deputy Block Development Officer earlier in point of time. 4.The case of the respondents is that though they are compassionate appointees, they entered into service as Junior Assistants before the petitioner who was promoted to the said post from the post of Panchayat Clerk.
5.Be that as it may, it is beyond dispute that as a result of placing the private respondents above the writ petitioner, his rights stand affected. He is definitely a stakeholder in this process. When a tentative seniority list was issued, the petitioner offered his objections, but the same have not been considered. The final seniority list has been published without even taking note of the petitioner's objections. In the impugned order dated 23.02.2017 in the final paragraph it is mentioned that Thiru.P.Jeganathan shall be placed above his junior to revive Thiru.V.Murugesan, who is none other than the petitioner herein. If that be so, the petitioner ought to have been put on notice. In any event, the objections given by Thiru V.Murugesan, ought to have been considered. Since the same was not done, this Court finds considerable merit in the submission of the learned Senior Counsel that there has been a violation of the principles of natural justice.
6.In ground No.3, it has been specifically pleaded that the petitioner was not given notice. In ground No.4, it has been contended that the petitioner's objections have not been considered. In this view of the matter, the orders impugned in the Writ Petition stand quashed to the extent the private respondents are placed above the writ petitioner in terms of seniority in the post of Assistants. It is made clear that the seniority list is not quashed as a whole. This is because only Thiru.Murugesan alone has come to this Court voicing his grievance. That is why, this Court holds that the private respondents herein shall not be considered as ranking senior to the writ petitioner in the post of Assistant. 7.It is open to the authorities to pass fresh orders fixing the inter se seniority of the writ petitioner and private respondents after hearing both sides.
8.The Writ Petition is allowed to this extent. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, Department of Rural Development and Panchayat Raj, St, George Fort, Chennai-600 009.
2. The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-600 015.
3. The District Collector, Karur District, Karur.
+1cc to Mr.P.Srinivas, Advocate Sr.No.66831 +1cc to Mr.S.Balamurugan, Advocate Sr.No.66514 TSG VB/KKR/SAR2/13.06.2018/4P/6C ORDER MADE IN W.P. (MD) No. 24155 of 2017 04.06.2018