Senthil Kumar.R v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.16966 of 2022 R.Senthil Kumar ... Petitioner Vs 1.State of Tamil Nadu, Rep by its Principal Secretary to Government, Department of Revenue and Disaster Management, Secretariat, St. George Fort, Chennai - 9.
2.The Additional Chief Secretary to Government / Commissioner of Revenue Administration, Department of Revenue and Disaster Management, Secretariat, St. George Fort, Chennai - 9.
3.The District Collector, Kanyakumari District, Kanyakumari.
4.The District Revenue Officer, Kanyakumari District, Kanyakumari.
5.The Revenue Divisional Officer, Nagercoil, 1/6
6. The Sub Collector, Padmanabapuram, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 4th and 5th respondents from proceeding with the general counselling for transfer for the post of Village Administrative Officer in Nagercoil and Padmanabapuram Division of Kanyakumari District without following the procedures laid down in G.O.(Ms) No.515 dated 25.08.2008 Revenue Department by considering the petitioner's representation dated 26.09.2022. For Petitioner : Mr.J.Jeyamohan For Respondents : Mr.R.Sureshkumar, Addl. Government Pleader.
ORDER
Heard the learned counsel on either side. With the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner is working as Village Administrative Officer. His contention is that transfer counselling for Village Administrative Officers working in Kanyakumari District must be conducted in accordance with the 2/6
norms laid down in G.O. (Ms) No.515, Revenue Department, dated 25.08.2008. I went through the contents of the said Government Order. It can be seen therefrom that the villages have to be classified into "A" category and "B" category. The department must also prepare three lists. The first list must contain the names of the those Village Administrative Officers serving in "A" category villages. The second list must contain those Village Administrative Officers serving in "B" category villages. The third list must be a combined and composite list of VAO's working in both category villages drawn in terms of inter se seniority. As to how, the transfers and posting must be made has been laid down in the aforesaid Government Order. It appears that such a three fold lists has not been prepared in the district of Kanyakumari. Therefore, I direct the respondents 4 and 5 to defer the petition mentioned counselling process and conduct the same strictly in accordance with G.O. (Ms) No.515, Revenue Department, dated 25.08.2008.
3.The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.
28.09.2022 Index : Yes / No Internet : Yes/ No ias 3/6
To:
1.The Principal Secretary to Government, Department of Revenue and Disaster Management, Secretariat, St. George Fort, Chennai - 9.
2.The Additional Chief Secretary to Government / Commissioner of Revenue Administration, Department of Revenue and Disaster Management, Secretariat, St. George Fort, Chennai - 9.
3.The District Collector, Kanyakumari District, Kanyakumari.
4.The District Revenue Officer, Kanyakumari District, Kanyakumari.
5.The Revenue Divisional Officer, Nagercoil,
6. The Sub Collector, Padmanabapuram, 4/6
5/6
G.R.SWAMINATHAN, J.
ias 28.09.2022 6/6