T.Meenakshisundaram v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)Nos.2491 and 2492 of 2016 T.Meenakshisundaram ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

2.The Principal Secretary/ Commissioner of Revenue Administration, Revenue Administration Department, Chepauk, Chennai-600 005.

3.The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram, Ramanathapuram Posts & District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to implement the orders of the 2nd respondent made in Letter No.Service 3(4)/15452/2015 dated 30.01.2016 within a stipulated time may be fixed by this Court and to promote the petitioner to the post of Tahsildar on par with his immediate Junior and to grant all attendant and monetary benefits.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.D.Muruganantham Additional Government Pleader

O R D E R

This Writ Petition is filed for a direction to the third respondent to implement the orders of the second respondent made in Letter No.Service 3(4)/15452/2015 dated 30.01.2016 within a stipulated time may be fixed by this Court and to promote the 1/3

petitioner to the post of Tahsildar on par with his immediate Junior and to grant all attendant and monetary benefits. 2.The case of the petitioner is that he was initially appointed as Junior Assistant on 11.04.1988 on compassionate grounds and his service was not regularized by the respondents and hence, he filed O.A.No.547 of 2002 before the Tamil Nadu Administrative Tribunal, to regularize his service. The Tribunal has allowed the said O.A on 13.02.2002 and the said order was not implemented by the respondents. In the meantime, the Tamil Nadu Administrative Tribunal was abolished by the Government and therefore, the petitioner has filed a writ petition before this Court in W.P(MD)No.9154 of 2006 to implement the order passed in O.A. The said order was not implemented by the first respondent.

Therefore, the petitioner has filed a contempt petition. Thereafter, the respondents implemented the said order. However, the respondents refused to fix his seniority and denied his further promotion. Therefore, the petitioner has filed a writ petition in W.P(MD)No.14258 of 2011 before this Court and this Court, by order dated 30.07.2012, directed the respondents to fix his seniority and to grant promotion. Since the said order was not implemented by the respondents, the petitioner has filed the contempt petition. Thereafter, several litigations have been filed by the petitioner for his promotion, charge memo and disciplinary proceedings. Further, the Principal Secretary/Commissioner of Revenue Administration, in his letter dated 30.01.2016 directed the District Collector to promote the petitioner to the post of Tahsildar.

Thereafter, the petitioner has made a detailed representation on 23.01.2016 to the District Collector, to implement the order of the Principal Secretary/Commissioner of Revenue Administration. Till date, no order has been passed. Hence, the present writ petition is filed.

3.The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 23.01.2016 within the reasonable time as fixed by this Court.

4.The learned Additional Government Pleader appearing for the respondents submitted that the respondents have accepted the petitioner's representation, dated 23.01.2016, which was received only on 04.02.2016.

5.Considering the facts and circumstances of the case, this Court directs the third respondent to consider the petitioner's representation, dated 23.01.2016 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. 2/3

6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The State of Tamil Nadu Represented by its Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

2.The Principal Secretary/ Commissioner of Revenue Administration, Revenue Administration Department, Chepauk, Chennai-600 005.

3.The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram, Ramanathapuram Posts & District.

+1 CC to M/s.SPL GP ( SR-13329[F] dated 24/03/2021 ) +1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-13478[F] dated 25/03/2021 ) and W.M.P(MD)Nos.2491 and 2492 of 2016 23.03.2021 GS (18.05.2021) 3P 6C 3/3