Saravana Kumar M v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P. (MD) Nos. 18116, 18117 18118 and 18617 of 2011
1. M.Saravana Kumar
2. T.John Bastin Dallus
3. S.Rajagopal
4. K.Prabha
5. L.Eugine
6. T.Navaneetha Krishnan
7. K.Saravana Vasan
8. B.Chandran
9. Y.Srikanth
10. N.Jeyaprakash
11. P.Prasanna
12. S.Babu
13. R.Muruganandam
14. M.Jamuna Rani
15. S.Senthamil Selvi
16. S.Tamilselvi
17. L.Sakthivelan ... Petitioners -Vs1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
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2. The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District Collector, Dindigul District, Dindigul.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the second respondent in his proceedings in Letter No.Ser-1(1)Pdl-28/DC/20202021 dated 15.11.2021 and to quash the same. For Petitioners : Mr.B.Saravanan For Respondents : Mr.P.T.Thiravian Government Advocate
O R D E R
The Writ Petition is filed as against the order of the second respondent passed in Letter No.Ser-1(1)Pdl-28/DC/2020-2021 dated 15.11.2021.
2. Mr.B.Saravanan, learned counsel appearing for the petitioners submits that the petitioners who are working as Tahsildars and Deputy Tahsildars, have been reverted back by virtue of the impugned order, which is the panel of Deputy Collector sought to be prepared. The grievance of the petitioners are that they are not added in the panel of Deputy Collector. Hence, they filed this Writ Petition.
3. The learned Government Advocate appearing for the respondents by referring the orders of the Hon'ble Supreme Court submits that the petitioners who have been temporarily appointed as Deputy Tahsildars and Tahsildars are not having required qualification of graduation. This issue went upto the Hon'ble Supreme Court and the Hon'ble Supreme Court in Rajagopalan etc., vs. District Collector, Thiruchirapalli District and others etc., in Civil Appeal Nos.251 to 256 of 2015 dated 12.03.2019 held that "so far as the Promotee non-graduate Assistants are concerned, it is open for them to pursue with the Government for appropriate amendment to the Rules for the promotion of Tahsildar and the subsequent promotions".
4. According to the learned Government Advocate, the Government has taken a decision that the graduation is must to the selection of Deputy Collector. Therefore, the petitioners who have been temporarily appointed as Deputy Tahsildars and Tahsildars, have been 2/3
reverted back, since they are not having graduation for the selection of Deputy Collector and they are not added in the panel, which has been prepared by the Sub Collector. Therefore, the petitioners are not eligible in the feeder category and the relief sought for in this Writ Petition cannot be granted. Since the decision has already been taken by the Hon'ble Apex Court as cited supra, this Court is not inclined to entertain the Writ Petition.
5. Accordingly, this Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) vji To
1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2. The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District Collector, Dindigul District, Dindigul.
+1 CC to M/s.SPL GP ( SR-1915[F] dated 20/01/2022 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-1854[F] dated 20/01/2022 ) +1 CC to M/s.B.SARAVANAN, Advocate ( SR-1876[F] dated 20/01/2022 ) and W.M.P. (MD) Nos. 18116, 18117 18118 and 18617 of 2011 19.01.2022 NSN(CO) TR(22.02.2022) 3P 7C 3/3