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Madras High CourtWP(MD)/2298/2013disposed of

R. Sadayandi, v. The State Of Tamil Nadu

2018-03-27Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.2298 of 2013 R.Sadayandi ... Petitioner Vs.

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

2.The Principal Commissioner and Commissioner of Revenue Administration, Chepauk, Chennai-600 006.

3.The District Collector, Theni District, Theni.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to include the petitioner in the List of Deputy Collectors for the year 2009-2010 duly placing the petitioner at S.No.197(A), i.e. over and above his immediate junior, Mr.R.Kannadev Jagadeesh in Annexure-I to G.O.Ms.No.104 Revenue (Ser.1)Department dated 02.03.2010 and promote the petitioner to the post of Deputy Collector with effect from 30.08.2010, i.e., the date from which the petitioner's immediate junior, Mr.R.Kannadev Jagadeesh was promoted as Deputy Collector and grant him all service, retirement and monetary benefits. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr. R.Sethuraman Special Government Pleader

ORDER

The grievances of the writ petitioner is that he was promoted upto the post of Tahsildar and retired from service. However, the learned counsel for the writ petitioner states that the juniors to the writ petitioner were promoted to the post of Deputy Collector. https://hcservices.ecourts.gov.in/hcservices/ 2.This being the factum of the case, the case of the writ petitioner is also to be considered for grant of notional promotion,

from the date on which his juniors were promoted. In this regard, the petitioner submitted a representation to the second respondent on 12.12.2012 and the same is yet to be considered. 3.Thus, without going into the merits of the matter, the second respondent is directed to consider the petitioner's representation dated 12.12.2012 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

4.The writ petitioner is permitted to enclose the copy of the representation and the relevant Government orders if any, along with the copy of the order passed by this Court in this writ petition. 5.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The State of Tamilnadu, represented by its Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.

2.The Principal Commissioner and Commissioner of Revenue Administration, Chepauk, Chennai-600 006.

3.The District Collector, Theni District, Theni.

+1CC to Mr.A.Thirumurthy, Advocate, SR.No. 58132 +1CC to the Special Government Pleader SR.No.59279 W.P.(MD) No.2298 of 2013 27.03.2018 pnn AM/JC/SAR 3/19.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/