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Madras High CourtWP(MD)/5968/2018disposed of

R.Sridharapandian, v. The Secretary To Government

2023-02-20Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.5968 of 2018 and W.M.P.(MD).Nos.5835 to 5837 and 18598 of 2018 R.Sridharapandian ... Petitioner Vs.

1.The Secretary to Government, Revenue Department, Chennai.

2.The Commissioner of Revenue, Administration, Ezhilagam, Chepauk, Chennai.

3.The District Collector, Madurai District, Madurai.

4.The District Revenue Officer, Madurai District, Madurai.

5.A.Nagarani 1/7

6.V.Sundaravel 7.R.Dhamotharan 8.M.R.Muthulakshmi 9.C.Mugibalan 10.S.Tulasi Brinda 11.N.Raguraman 12.A.premkishore 13.S.Pratheeba 14.M.Gomathi 15.J.Karthikeyan 16.R.Manikandan 17.S.Rajalakshmi 18.G.Mohansundar 19.S.Sendeeswari 20.A.Gulsar Burvin 21.M.Meenakshisundaram 22.A.Malathy 23.K.Logeswari 24.K.Gopalakrishnan 25.R.Lakshmi Priya 26.M.Poomayee 27.K.Thirunavkarasu 28.V.Veeramurugan 29.D.M.Senthilkumar 30.R.Manikandan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the proceedings of the 4th respondent made in Pa.Mu.No. 21359/2015 (PaAa2) dated 19.05.2015, Pa.Mu.No.22571/2015 (PaAa2) dated 05.06.2015, Pa.Mu.No.22580/2015 (PaAa2) dated 27.05.2015, and in Pa.Mu.No.22590/2015 (PaAa2) dated 27.05.2015 and the 2/7

consequential proceedings of the 3rd respondent made in Roc.No. 28512/2017/A1 dated 09.01.2018 and quash the same and consequently direct the 1st respondent to issue appropriate orders relaxing the condition of two years Firka Revenue Inspector Service in respect of promote Assistants for getting eligible to become Deputy Tahsildars. For Petitioner : Mr.R.Murali For R1 to R4 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R9, R11, R12, R15 and R21 : Mr.R.R.Kannan

O R D E R

This writ petition has been filed challenging the impugned orders passed by the 4th respondent dated 19.05.2015, 05.06.2015, 27.05.2015, and 27.05.2015 and the consequential proceedings of the 3rd respondent dated 09.01.2018 and to quash the same and consequently direct the 1st respondent to issue appropriate orders relaxing the condition of two years Firka Revenue Inspector Service in respect of promote Assistants for getting eligible to become Deputy Tahsildars. 3/7

2. The issue arise in the present writ petition is inter se seniority dispute between directly recruited Assistants and promotes Assistants. Based on the G.O.(Ms.)No.93, Revenue Department, dated 20.02.2015, the impugned panel was prepared. Challenging the same, the present writ petition has been filed.

3. However, the learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the very same G.O. (Ms.).No.93, Revenue Department, dated 20.02.2015, was challenged before this Court in W.P.(MD)No.2684 of 2018 and the same was dismissed. Subsequently, the aggrieved persons preferred writ appeals before this Court in W.A.(MD).Nos.942 and 965 of 2018 and the Division Bench of this Court has allowed the writ appeals and quashed the impugned G.O.(Ms.)No.93, dated 20.02.2015 and issued a direction to redo the entire exercise.

4. In view of the subsequent development, no further order is required in this writ petition. However, the learned counsel appearing for 4/7

the petitioner would submit that liberty may be granted to the petitioner to make a representation before the authority for re-fixation of the seniority, in terms of the Division Bench order.

5. In view of the limited relief sought for by the petitioner, without interfering with the impugned order, this Court grants liberty to the petitioner to make a representation to the second respondent, in terms of the Division Bench order and if such representation is received, the second respondent is directed to consider the same and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. with the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 20.02.2023 akv 5/7

To 1.The Secretary to Government, Revenue Department, Chennai.

2.The Commissioner of Revenue, Administration, Ezhilagam, Chepauk, Chennai.

3.The District Collector, Madurai District, Madurai.

4.The District Revenue Officer, Madurai District, Madurai.

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M.DHANDAPANI,J.

akv W.P.(MD)No.5968 of 2018 20.02.2023 7/7