Madras High CourtWP(MD)/7166/2017disposed of

K.Ramachandran, v. The Additional Chief Secretary

2021-03-11Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD).No.5660 of 2017 1.K.Ramachandran 2.D.Shanthi 3.S.Maragatham 4.R.Vithyalakshmi 5.K.Sankari 6.T.Parameswari ... Petitioners Vs.

1.The Additional Chief Secretary/ Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-600 005.

2.The Joint Commissioner, Commercial Taxes, Trichirappalli Circle, Trichy.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to count the services rendered by the petitioners as Grade II Steno typist in the cadre of Assistant and revise the seniority to the petitioners and confer all the consequential benefits including promotion to the post of Superintendent and thereon from the date on which the petitioners juniors were promoted.

For Petitioners : Mr.B.Prasanna Vinoth For Respondents : Mrs.J.Padmavathy Special Government Pleader

O R D E R

This writ petition is filed for a direction to the first and second respondents to count the services rendered by the petitioners, as Grade II Steno typist in the cadre of Assistant and revise the seniority to the petitioners and confer all the consequential benefits including promotion to the post of Superintendent and thereon from the date on which the petitioners juniors were promoted.

2.The case of the petitioners is that they were selected through TNPSC Group IV Examination and they were appointed as a 1/3

Steno Typist Grade-III, as per the proceedings of the second and third respondents. The probation period for a steno typist Grade-III was two years and the same was completed by the petitioners. The petitioners also rendered the service as Steno typist Grade-III and seeks to revise the seniority in the cadre of Assistant. However, the seniority of the petitioners was not revised. To revise the seniority and confer all the consequential benefits, including promotion to the post of Superintendent, the petitioners have made a representation, dated 30.01.2017 to the respondents. So far, no order has been passed. Hence, the present writ petition is filed. 3.The learned counsel appearing for the petitioners submitted that this Court may issue a direction to the first respondent to consider the petitioners' representation dated 30.01.2017 in accordance with law.

4.The learned Special Government Pleader appearing for the respondents has no serious objection for considering the petitioners' representation.

5.Considering the limited request made by the learned counsel for the petitioners, this Court directs the first respondent to consider the petitioners' representation, dated 30.01.2017 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of already.

6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The Additional Chief Secretary/ Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-600 005.

2.The Joint Commissioner, Commercial Taxes, Trichirappalli Circle, Trichy.

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+1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-10468[F] dated 11/03/2021 ) and W.M.P(MD)No.5660 of 2017 11.03.2021 MJ(CO) KB(29.04.2021) 3P 4C 3/3