S.Selvam, Village Assistant v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.3852 of 2016 S.Selvam ... Petitioner Vs.

The District Revenue Officer, Thanjavur.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to include petitioner's name in the panel for the year 2014-2015 at the appropriate place issued by the respondent in his proceedings the appropriate place issued by the respondent in his proceedings R.C.No.S.1/34414/2014 dated 11.09.2015 for promotion to the post of VAO and promote him as such as par with petitioner's junior with all attendants and monetary benefits by considering the petitioner's representation dated 11.11.2015.

For Petitioner : Mr.G.Punniyakotti For Respondent : Mr.M.Murugan, Government Advocate.

ORDER

The petitioner has come up with the above writ petition, directing the respondent to include the petitioner's name in the panel for the year 2014-2015 for promotion to the post of Village Administrative Officer and promote him on par with his junior with all attendant and monetary benefits by considering his representation dated 11.11.2015.

2.Heard the learned counsel for the petitioner. Mr.M.Murugan, learned Government Advocate takes notice for the respondent. 3.The petitioner is a village assistant having joined service on 09.12.1985 and his post was regularised on 01.06.1995. He claims to have passed S.S.L.C in the year 1978 itself and the order issued in G.O.Ms.No.337, Education in the year 1981 has prospective effect which cannot be treated retrospectively. He also claims to have minimum general educational qualification as referred to in the special rules of the post of Tamil Nadu State and Subordinate Service Rules. Therefore, he sent a representation claiming promotion to the post of Village Administrative Officer to the respondent. The said representation was sent on 11.11.2015 which has been kept pending. According to the petitioner, if the petitioner's case being considered favourably, he would be entitled for all attendant and monetary benefits which he is entitled to. https://hcservices.ecourts.gov.in/hcservices/

4.In such view of the matter, without going into the merits of the case, the writ petition is disposed of directing the respondent to consider the representation of the petitioner dated 11.11.2015 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CO Dept) I/c /True copy/ Sub Assistant Registrar To The District Revenue Officer, Thanjavur.

+1 CC to Mr.A.Alexander, Advocate, SR No.10451 +1 CC to the Special Government Pleader SR No.10985 Writ Petition (MD) No.3852 of 2016 24.02.2016 sms SH/JGB-DP:04.03.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/