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Madras High CourtWP(MD)/14731/2016disposed of

A.Ashok Kumar v. The District Collector

2016-08-11Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14731 of 2016 and W.M.P(MD)Nos.10890 and 10891 of 2016 A.Ashok Kumar ... Petitioner vs.

1)The District Collector, Madurai District, Madurai.

2)The District Revenue Officer, Madurai, Madurai.

3)Personal Assistant to Collector [General], District Collectorate, Madurai District, Madurai.

4)Huzur Sarishtadar [General], District Collectorate, Madurai District, Madurai.

5)Thiru.Manimaran, Huzur Sarishtadar [General], District Collectorate, Madurai District, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 2nd respondent in Na.Ka.No.Pa.A2/14000/2016 dated 03.08.2016 and quash the same as illegal and consequently direct the respondents to grant promotion of Revenue Assistant to the petitioner by considering his candidature.

For Petitioner : Mr.M.S.Jeya Karthick For Respondents : Mr.M.Murugan, Government Advocate

ORDER

A.Ashok Kumar, who was originally appointed as a Junior Assistant in the District Adi Dravidar and Tribal Welfare Office, Udhagamandalam [Revenue Unit] on 31.12.2012, has been transferred to Tirumangalam Taluk Office, Madurai and posted as a Junior Revenue Assistant. His next promotional post is, Revenue Assistant. He has completed four departmental examinations and two training programmes, hence, he stands eligible to be promoted as Revenue Assistant, however, the 4th respondent in order to prevent his promotion, refused to send him to the second training programme, therefore, he appealed to the 2nd respondent, to include his name for the training programme. Subsequently, he took part in the training programme from 06.01.2016 to 09.02.2016.

After completing the same, when he was about to join duty, the 4th respondent has passed the transfer order dated 08.02.2016. Finding that his transfer would affect his promotion, the petitioner appealed to the 3rd respondent against the transfer order. In the meanwhile, the crucial date for promotion to the post of Revenue Assistant came on 15.03.2016 and the names of the eligible candidates for promotion to the said post in Madurai District were called for, therefore, he made a representation dated 15.07.2016, to the 2nd respondent, requesting him to consider his candidature for promotion to the post of Revenue Assistant.

In the meanwhile, the petitioner also sought for information under the Right to Information Act, with regard to the available vacancies in the post of Revenue Assistant and information was furnished stating that there are 56 vacancies available in the post Revenue Assistant. While so, the 2nd respondent has prepared the impugned list for promotion to the post of Revenue Assistant, without including his name, therefore, the petitioner submitted a representation to include his name in the said list. Finding that the same has not been considered, the petitioner has come to this Court.

2.The only contention made by the learned counsel for the petitioner shows that when the information furnished under the Right to Information Act on 28.04.2016, shows that there are 56 vacancies available in the post of Revenue Assistant in Madurai District, the respondents cannot prepare the impugned list for promotion to the post of Revenue Assistant, containing only 24 candidates. The petitioner who is working as a Junior Revenue Assistant, is eligible to be considered for promotion to the said post, therefore, he pleaded, the impugned list should contain 56 candidates, by including the name of the petitioner. 3.Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

4.When the information furnished under the Right to Information Act on 28.04.2016, shows that there are 56 vacancies available in the post of Revenue Assistant, the impugned promotion list shows only 24 candidates, therefore, this Court without

interfering with the impugned order, directs the 2nd respondent to consider the representation of the petitioner dated 15.07.2016, seeking promotion to the post of Revenue Assistant, and pass appropriate orders on merits and in accordance with law within six weeks from the date of receipt of this order. Accordingly, this writ petition is disposed of. No costs. W.M.P(MD)Nos.10890 and 10891 of 2016 are closed. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1)The District Collector, Madurai District, Madurai.

2)The District Revenue Officer, Madurai, Madurai.

3)Personal Assistant to Collector [General], District Collectorate, Madurai District, Madurai. 4)Huzur Sarishtadar [General], District Collectorate, Madurai District,Madurai.

5)Thiru.Manimaran, Huzur Sarishtadar [General], District Collectorate, Madurai District, Madurai.

+1cc to Mr.M.S.JEYAKARTHICK,ADVOCATE SR NO: 44832 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 44145 nbi JA-KBM-23.08.2016/3P:8C W.P(MD)No.14731 of 2016 11.08.2016