Madras High Court
P. Chandrasekaran vs The Chief Engineer (Agricultural ... on 15 July, 2021
W.P.No.8002 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM :
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
W.P.No..8002 of 2014
P. Chandrasekaran ... Petitioner
Vs
The Chief Engineer (Agricultural Engineering)
Nandanam, Chennai - 600 035
... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India to
issue an appropriate order, directions or writ including a writ of
Certiorarified Mandamus to call for the record relating to the
impugned order of the respondent in Me.Pa.2/53050/2012 dated
14.02.2014 and quash the same.
For Petitioner : Mr. P. Manoj Kumar
For Respondent : Mr. C. Selvaraj
Government Advocate
ORDER
Challenge has been made to the order of revision in
proceedings Se.Mu.No.Me.Pa.2/53050/2012 dated 14.02.2014 by the
respondent.
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W.P.No.8002 of 2014
2. According to the petitioner, he was initially appointed as
Assistant Soil Conservation Officer on 19.01.1983 and he was
thereafter promoted as Junior Engineer (Agricultural Engineering) on
16.11.2007. As per the Rule 9 (a) (ii) of the Tamil Nadu Agricultural
Subordinate Service Rules, for promotion to the post of Junior
Engineer, the incumbent should have passed the departmental
examination within a period of five (5) years. Since the petitioner
had not passed the examination within the period of five years, he
was reverted to the post of Assistant Soil Conservation Officer.
3. According to the petitioner, he joined as Junior Engineer with
effect from 17.11.2007 in proceedings Me.Pa.2/13328/2008 dated
31.05.2008. Therefore he had five years time up to May, 2013. He
ought to have passed the examination before May, 2013, however, he
passed the examination belatedly. Therefore, he was reverted from
that post.
4. The record of proceedings would show that by virtue of
interim order granted by this Court, the petitioner continued in the
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W.P.No.8002 of 2014
post of Junior Engineer and retired from service on attaining the age
of superannuation.
5. The learned counsel for the petitioner would further submit
that in an identical case, a similarly placed person, who was reverted
on account of not passing the test in time, was directed to make a
representation to the respondent and a further direction to forward
the same to the Secretary, Agricultural Department for consideration.
6. In that case, the Government in G.O.M.S No.70 Agricultural
Department dated 08.04.2021 considered the case of the writ
petitioner therein and regularized his service in relaxation of Rule 9
(a)(ii). Same is the case in respect of two other persons in G.O.(D)
No.78, Agricultural Department dated 20.03.2017 and
G.O.(D).No.293, Agricultural Department dated 24.11.2017.
Therefore, he prays for similar and equal treatment be accorded to
him also.
7. Considering the facts and circumstances of the case, I find
that the request made by the petitioner for equal treatment on par
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W.P.No.8002 of 2014
with the similarly placed persons is reasonable. Therefore, I direct
the petitioner to make a representation to the respondent within a
period of two (2) weeks from the date of receipt of a copy of this
order enclosing the judgment of this Court as well as Government
Orders in the case of similarly placed persons. On receipt of such
representation, the respondent is directed to forward the same to the
Secretary, Agricultural Department for consideration. The Secretary,
Agricultural Department is further directed to consider the
representation of the petitioner and pass orders on merits and in
accordance with law, taking into consideration the precedents within
a period of eight (8) weeks thereafter.
8. The Writ Petition is disposed of on the above lines. No costs.
15.07.2021
Index : Yes/No
mrn
To
The Chief Engineer (Agricultural Engineering)
Nandanam, Chennai - 600 035.
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W.P.No.8002 of 2014
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W.P.No.8002 of 2014
M.GOVINDARAJ, J.
(mrn)
W.P.No.8002 of 2014
15.07.2021
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