S.Subramanian v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Subramanian ... Petitioner Vs.
1. The Commissioner, Rural Development Department, Panagal Building, Gennies Road, Saidapet, Chennai - 15.
2. The District Collector, Pudukkottai District, Pudukkottai.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to re-fix the seniority of the petitioner in the cadre of Deputy Block Development Officer and Block Development Officer for the Promotional post of Assistant Director of Rural Development, by considering the representation of the petitioner dated 17.08.2022, within the time stipulated by this Court.
For Petitioner :
Mr. A.K.Baskarapandiyan For Respondents :
Mr.G.V.Vairam Santhosh Additional Government Pleader
O R D E R
This writ petition has been filed for a direction to the respondents to re-fix the seniority of the petitioner in the cadre of Deputy Block Development Officer and Block Development Officer for the promotional post of Assistant Director of Rural Development, by considering the representation of the petitioner dated 17.08.2022, within the time stipulated by this Court.
2. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Junior Assistant by direct recruitment in the year 1993 and he was promoted as Assistant on 25.09.1997, was promoted as Extension Officer on 13.09.2007 and was promoted as Block Development Officer on 28.08.2008. The second respondent on 09.04.2008 refixed the seniority of the persons who got promotion after the petitioner,
without hearing the petitioner and placed them above the petitioner in the seniority list. Hence, the petitioner made a representation on 17.08.2022. However, the same has not been considered till date. He would further submit that since the second respondent is the Competent Authority to re-fix the seniority, this Court may issue a direction to the second respondent to consider the representation of the petitioner dated 17.08.2022 and pass appropriate orders with regard to the re-fixation of seniority.
3. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
4. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 17.08.2022 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, after affording opportunity to the petitioner as well as the
aggrieved persons.
5. With the above direction, this Writ Petition is disposed of. No costs.
14.12.2022 Index : Yes / No Speaking Order : Yes / No ssb To
1. The Commissioner, Rural Development Department, Panagal Building, Gennies Road, Saidapet, Chennai - 15.
2. The District Collector, Pudukkottai District, Pudukkottai.
M.DHANDAPANI,J.
ssb 14.12.2022