S.Premkumar, v. The Commissioner Of Revenue
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD) Nos.17898 & 17899 of 2018 & 1450 & 5812 of 2019 In W.P.(MD) No.5003 of 2008 1.S.Premkumar 2.P.Arockia Britto 3.M.Kanagaraj 4.V.Marx 5.M.Muthu Vinayagam 6.A.Antony Samy 7.P.Murugesan 8.A.Chandrasekaran 9.R.Tennis Kumar 10.G.Katturaja 11.R.Venkatesan 12.K.Ponnuchamy 13.A.Arockaxavier 14.S.Selvakumar ... Petitioners /vs./ Chepauk, Chennai.
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4.The Secretary, Tamilnadu Public Service Commission, No.3, Frazer Bridge Road, VOC Nagar, Chennai -3.
5.M.Chitra 6.J.Moorthy 7.A.Sumathi 8.S.Jesuraj 9.S.Mayavan 10.C.Saravanan 11.T.K.Ramesh 12.A.Manoharan 13.U.Shenbagavalli 14.P.Manikandan 15.M.Mallika 16.A.Ilanchelvan 17.P.Chandramani 18.A.Kavihtha 19.B.G.Chandraleka 20.R.Mohana Sundari 21.P.Parameshwari 22.M.Soundarapandian 23.N.Karuppasamy 24.C.Kajasheriff 2/6
25.P.Sundarapandian 26.V.Amuthamozhi 27.M.Jeyakumar 28.M.Amutha 29.P.Muthupandi 30.K.Selvi 31.R.Venkaimarban 32.J.Ansari 33.C.Mythili 34.T.Muthamilselvan 35.N.Sankar [R35 has been impleaded vide order dated 25.04.2019 in WMP(MD).7702 of 2019] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, declaring Section 1
(2) of Tamil Nadu Government Servant (Condition of Service) Act, 2016 as ultra vires and unconstitutional and consequently call for the records relating to the proceedings of the impugned order in Na.Ka.No.37470/2017/A2 dated 27.11.17 on the file of the 3rd respondent and quash the same and further directing the 3rd respondent to fix the seniority of Revenue Assistant in Dindigul District based on the rank list submitted by the 4th in the recruitment of CSSE-1-201 as per Section 35A of Tamilnadu State and Subordinate Service Rules.
For Petitioners : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.M.Jeyakumar Additional Government Pleader For R4 : Mr.D.Sivaraman Standing Counsel 3/6
For R5 to R9, R11, R12, R14, R17, R19, R20, 16, 30, 31 R24, R28 & R33 : Mr.T.Lajapathi Roy For R35 : Mr.Veerakathiravan for M/S.Veera associates In W.P.(MD) No.1697 of 2019 P.Murugesan ... Petitioner /vs./ Chepauk, Chennai.
4.M.Malliga [R4 has been impleaded vide order dated 11.03.2019 in WMP(MD).4182/2019] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to dispose of the appeal dated 23.01.2018 filed by the petitioner against the order of the 3rd respondent dated 27.11.2017 and directing the respondents 2 & 3 from effecting any promotion to the Post of Deputy Tahsildar from the post of Revenue Assistant in Dindigul Revenue District.
For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.M.Jeyakumar Additional Government Pleader For R4 : Mr.M.Rajakartikeyan COMMON ORDER W.P.(MD) No.5003 of 2018 is filed to declare Section 1(2) of Tamil Nadu Government Servant (Condition of Service) Act, 2016 as ultra vires and unconstitutional, to quash the order passed in 4/6
Na.Ka.No.37470/2017/A2 dated 27.11.17 on the file of the 3rd respondent and to direct the 3rd respondent to fix the seniority of Revenue Assistant in Dindigul District based on the rank list submitted by the 4th in the recruitment of CSSE-1-201 as per Section 35A of Tamilnadu State and Subordinate Service Rules. 2.W.P.(MD) No.1697 of 2019 is filed to direct the 1st respondent to dispose of the appeal dated 23.01.2018 filed by the petitioner and to direct the respondents 2 & 3 from effecting any promotion to the Post of Deputy Tahsildar from the post of Revenue Assistant in Dindigul District.
3.The petitioners in W.P.(MD) No.5003 of 2018, are aggrieved against the interse seniority list, since according to the petitioners, seniority has to be fixed as per the rank obtained in the list of 4th respondent. Prior to filing of the writ petition, one of the petitioners had also filed an appeal before the first respondent herein against the impugned list dated 27.11.2017 and pending the appeal, the present writ petition has been filed. I am of the view that when the issue itself is under consideration before the first respondent in the appeal, it would not be appropriate for this Court to invoke its extraordinary powers under Article 226 of Constitution of India for the purpose of parallely determining the issues.
4.Incidentally, one of the aggrieved employees has filed the writ petition in W.P.(MD) No.1697 of 2019, seeking for directing the first respondent to dispose of the appeal dated 23.01.2018 filed by the petitioner against the order of the third respondent dated 27.11.2017.
5.In view of the relief sought for in the writ petition in W.P.(MD) No.1697 of 2019, this Court is of the view that if a direction is given to the first respondent to dispose of the appeal dated 23.01.2018 on its own merits, the issue involved in W.P.(MD) No.5003 of 2018 would also be addressed and thereby, the grievance of the petitioner could be met.
6.The learned counsel appearing for the private respondents would submit that their objections should also be heard at the time of disposing of the appeal. Such a request seems to be reasonable.
7.In the light of the above observations and in consideration of the prayer sought for in W.P.(MD) No.1697 of 2019, there shall be a direction to the first respondent to dispose of the petitioners' appeal dated 23.01.2018 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity of hearing to the petitioners as well as the private 5/6
respondents herein. Such an exercise shall be completed, at least within a period of three months from the date of receipt of a copy of this order.
8.In view of the above direction to consider the appeal, the prayer in W.P.(MD) No.5003 of 2018 does not require consideration. 9.These Writ Petitions stand disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) mm To Chepauk, Chennai.
+1 CC to M/s.SPL GP ( SR-5576 & 5612 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate SR-5539[F] +1 CC to M/s.D.SIVARAMAN, Advocate SR-5663[F] +1 CC TO MR.RAJA KARTHIKEYAN, Advocate Sr. No.5567 +1 CC TO MR.G.PRABHU RAJADURAI, Advocate Sr. No. 5588 10.02.2020 VR(CO) TR(11.03.2020)6P 9C 6/6