M.Meenakshi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.13633 of 2015 and M.P(MD)Nos.3 to 5 of 2015

1. M.Meenakshi

2. K.Meenakshi

3. M. Kasiammal ...

Petitioners Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai District, Sivagangai.

3. M. Sankar

4. G.Revathi Vijaya

5. K. Ramanathan

6. C.Rajasekaran

7. S.Arivusudar ...

Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in Na.Ka.No.A2-11075-2014, dated 23.06.2014 (seniority list published for the year 2012) Proceedings Na.Ka.No.A2-11075-2014, dated 23.6.2014 (seniority list published for the year 2013) and the consequential order Na.Ka.No.A2/04/2015, dated 3.6.2015 passed by the 2nd respondent and quash the same and consequently direct the 1st and 2nd respondents to publish fresh inter-se seniority lists of Revenue Assistants for the years 2012 and 2013 duly integrating the directly recruited Revenue Assistants as well as promote Revenue Assistants, based on their date of joining a Revenue Assistant and then post them to the post of Firka Revenue Inspector as per fresh inter-se seniority list within a time limit to be fixed by this Court.

For Petitioner : Mr.A.Thirumurthy, for M/s.Victory Asociates For R-1 & R-2 : Mr.R.Suresh Kumar, Additional Government Pleader For R-3 to R-7 : No appearance

ORDER

This writ petition is filed challenging the impugned seniority list, dated 23.06.2014.

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2. The claim of the petitioner is they are in-service candidate and a separate seniority list was issued in the year 2012, wherein, the name of the petitioners were placed in Sl.No.27, 29 & 40. Suddenly, the respondents have issued the impugned seniority list, by keeping the direct recruits above.

3. The contention of the petitioners is, while preparing the seniority list, the petitioners were not given any opportunity and notice was not issued to them.

4. Considering the facts and circumstances of the case, the impugned seniority list, dated 23.06.2014, is hereby quashed. The respondents are directed to give an opportunity to all the petitioners and other similarly placed persons, like the petitioners. The respondents shall issue notice to the direct recruits and call for objections from the petitioners, as well as the respondents and other similarly placed persons, thereafter, consider each and every case of the petitioners and pass orders. The another contention that was raised by the petitioners is service qualification. If they have completed belatedly, that issue also may be considered and orders may be passed. 3/6

5. With the above observations, this Writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 08.02.2023 Internet : Yes ksa 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai District, Sivagangai.

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S.SRIMATHY, J ksa Order made in 08.02.2023 6/6