G.Mahesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.6464 of 2017

1. G.Mahesh, Senior Revenue Inspector, Taluk Office, Kodaikanal, Dindigul District.

2. M.Vijayakumar, Senior Revenue Inspector, Collectorate, Dindigul, Dindigul District.

3. R.Lakshmi, Senior Revenue Inspector, Special Tahsildar Office(S.S.S.), Natham, Dindigul District.

4. K.Chellathai, Senior Revenue Inspector, Taluk Office, Vedasandur, Dindigul District.

5. S.Abirami, Senior Revenue Inspector, Taluk Office, Nilakottai, Dindigul District.

6. K.Tamizharasi, Senior Revenue Inspector, Collectorate, Dindigul, Dindigul District.

7. V.Balagurunathan, Senior Revenue Inspector, Taluk Office, Nilakottai, Dindigul District.

8. G.Balasubramanian, Senior Revenue Inspector, Revenue Divisional Office, Kodaikanal, Dindigul District.

9. P.Mariyasoosai, Senior Revenue Inspector, Taluk Office, Dindigul East, Dindigul, Dindigul District.

10. S.Ramesh, Senior Revenue Inspector, Office of the Special Tahsildar(S.S.S.), Nilakottai, Dindigul District.

11. S.Varatharaja Perumpadaiyan, Senior Revenue Inspector, Collectorate, Dindigul, Dindigul District.

.. Petitioners Vs.

1. The State of Tamil Nadu, Represented by its Secretary to Government, Revenue Department, Secretariat, Chennai - 9.

2. The Commissioner of Revenue Administration, Revenue Administration, Disaster Management & Mitigation Department, Ezhilagam, Chepauk, Chennai - 5.

3. The District Collector, O/o. The District Collectorate Office, Dindigul, Dindigul District.

4. The District Revenue Officer, O/o. The District Revenue Office, Dindigul, Dindigul District.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioners' representation, dated 10.02.2017 for inclusion of the name of the petitioners in the panel of Typist/Junior Assistant fit for promotion to the post of Assistant for the year 2012 and fix the inter-se-seniority thereof in the light of G.O.Ms.No.567 Revenue Service 6(1) Department, dated 04.09.2006 issued by the first respondent and the proceedings of the second respondent in e/f/gzp.4(4)/32462/2013, dated 23.09.2014, by relaxing Rule 30(C) of the Tamil Nadu Ministerial Service Special Rules within the period that may be stipulated by this Court.

For Petitioners : Mr.M.Ajmalkhan, for M/s.Ajmal Associates.

For Respondents : Mr.V.Pandi, Government Advocate.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioners' representation, dated 10.02.2017 for inclusion of the name of the petitioners in the panel of

Typist/Junior Assistant fit for promotion to the post of Assistant for the year 2012 and fix the inter-se-seniority thereof in the light of G.O.Ms.No.567 Revenue Service 6(1) Department, dated 04.09.2006 issued by the first respondent and the proceedings of the second respondent in e/f/gzp.4(4)/32462/2013, dated 23.09.2014, by relaxing Rule 30(C) of the Tamil Nadu Ministerial Service Special Rules within the period that may be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.

3. Mr.V.Pandi, learned Government Advocate, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The first respondent is directed to consider the representation of the petitioners, dated 10.02.2017 for inclusion of the name of the petitioners in the panel of Typist/Junior Assistant fit for promotion to the post of Assistant for the year 2012 and to fix the interse-seniority thereof in the light of G.O.Ms.No.567 Revenue Service 6(1) Department, dated 04.09.2006 issued by the first respondent and the proceedings of the second respondent in e/f/gzp.4(4)/ 32462/2013, dated 23.09.2014, by relaxing Rule 30 (C) of the Tamil Nadu Ministerial Service Special Rules, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order."

5. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 9.

2. The Commissioner of Revenue Administration, Revenue Administration, Disaster Management & Mitigation Department, Ezhilagam, Chepauk, Chennai - 5.

3. The District Collector, O/o. The District Collectorate Office, Dindigul, Dindigul District.

4. The District Revenue Officer, O/o. The District Revenue Office, Dindigul, Dindigul District.

+1cc to Spl.Government Pleader Sr.No.51752 +1cc to M/s.Ajmal Associates, Sr.No.51301 pmu vb/kp/20.04.2017/4p/7c ORDER MADE IN W.P.(MD).No.6464 of 2017 11.04.2017