Madras High Court
M.Amirthalingam vs The State Of Tamil Nadu on 30 June, 2021
W.P(MD)No.8070 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.8070 of 2021
and W.M.P.(MD)No.6170 of 2021
M.Amirthalingam ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. By its Chief Secretary,
St. George Fort, Chennai.
2.The Public Secretary,
Public Department,
Government of Tamil nadu,
St. George Fort, Chennai.
3.The Additional Chief Secretary,
Revenue Department,
Government of Tamil Nadu,
St. George Fort, Chennai.
4.The Additional Chief Secretary/
The Commissioner of Revenue Administration,
Ezhilagam, Chennai – 600 005.
5.The District Collector,
Sivagangai District.
6.P.Tinakumar
7.C.Suresh
8.M.Ganeshkumar
https://www.mhc.tn.gov.in/judis/
1/10
W.P(MD)No.8070 of 2021
9.S.Geethapriya
10.K.V.Rajkumar
11.G.R.Divyashri
12.R.Ananthi
13.L.Mythili ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, directing the respondents to
restore the seniority of the petitioner by placing the petitioner in panel
year 2009 for the post of Tahsildar under Serial No.5 and
correspondingly revise the seniority in the post of Deputy Collector in
compliance of the judgment dated 12.03.2019 passed in Civil Appeal
Nos.257-258/2015 by the Hon'ble Supreme Court of India and the
consequent circular No.1/2019 dated 29.06.2019 and include the
petitioner's name in the panel year 2020 for District Revenue Officer.
For Petitioner : Mr.G.Prabhu Rajaduri
For Respondents : Mr.K.S.Selvaganesan
Government Advocate for R1 to R5.
ORDER
The petitioner has come out with the present Writ Petition for a
direction to the respondents to restore the seniority of the petitioner by
placing the petitioner in the Panel of the year 2009 for the post of
Tahsildar under Serial No.5 and correspondingly revise the seniority in
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W.P(MD)No.8070 of 2021
the post of Deputy Collector in compliance of the judgment dated
12.03.2019, passed in Civil Appeal Nos.257-258/2015, by the Hon'ble
Apex Court and the consequent Circular No.1/2019, dated 29.06.2019
and include the petitioner's name in the Panel of the year 2020 for
District Revenue Officer.
2. The petitioner was directly appointed as Pro- Assistant in the
year 2000. In the combined seniority list of Assistants, both Pro-
Assistants and Promotee Assistants were included on the basis of their
appointment. By G.O.Ms.No.133, Revenue Department, dated
07.02.1995, the Government gave preference to the Pro Assistants. Some
of the Promotee Assistants, challenged the said G.O.Ms.No.133, Revenue
Department, dated 07.02.1995, before the Administrative Tribunal. The
Tribunal, by the order dated 28.02.1997, quashed the said Government
Order. The Government filed W.P.Nos.27173 and 27174 of 2003,
challenging the order of the Tribunal. This Court, by order dated
10.09.2005, set aside the order of Tribunal and upheld the Government
Order giving preference to the Pro-Assistants in the matter of seniority.
Following the order of this Court, the petitioner was promoted as Deputy
Tahsildar in the year 2006, in accordance with the seniority fixed in the
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W.P(MD)No.8070 of 2021
post of Assistant from the year 2000. Some of the Promotee Assistants
challenged the order of this Court before the Hon'ble Apex Court in Civil
Appeal Nos.2251 and 2252 of 2009 and the Hon'ble Apex Court, by
order dated 08.04.2009, partly allowed the Appeals holding that the said
G.O.Ms.No.133, Revenue Department, dated 07.02.1995, giving
preference to the Pro-Assistants would be applicable to the Promotee
Assistants, who are graduates.
3. Following the judgment of the Hon'ble Apex Court, the seniority
of the Deputy Tahsildar was revised and the petitioner's seniority was
reduced. The petitioner was promoted as Tashildar only in the year 2010
and as Deputy Collector on 28.07.2015.
4. Some Writ Petitions were filed with regard to the preparation of
Panel for Deputy Tahsildar and the said Writ Petitions culminated in
W.A.(MD)No.1286 of 2011 and a Review Appl.(MD)No.37 of 2012,
wherein this Court directed to prepare the seniority of Deputy Tahsildar
as on 04.12.1978. Aggrieved over the same, the petitioner and other Pro-
Assistants filed Civil Appeal Nos.257 and 258 of 2015. The Hon'ble
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W.P(MD)No.8070 of 2021
Apex Court, vide judgment dated 12.03.2019, disposed of the said
appeals holding that the earlier judgment dated 08.04.2009 would
operate only prospectively and would not affect the persons, who were
promoted as Deputy Tashildar prior to 08.04.2009 and that their seniority
should not be disturbed. The fourth respondent in view of the judgment
of the Hon'ble Apex Court dated 12.03.2019, issued a Circular dated
26.09.2019, instructing all the District Collectors, including the fifth
respondent to implement the judgment of the Hon'ble Apex Court in
letter and spirit. Specific instructions are given that the promotion of
directly recruited Assistants, like the petitioner, effected between
07.02.1995 and 08.04.2009 with their seniority in the respective position
should not be disturbed. Earlier when the Panel for the post of Tahsildar
in Sivagangai District was prepared, the petitioner's name was found
place in Serial No.5. In view of the judgment of the Hon'ble Apex Court
dated 08.04.2009, the rank of the petitioner was reduced and serial Nos.5
and 6 were kept as blank and only four persons were promoted. As per
the order of the Hon'ble Apex Court and Circular dated 26.09.2019, the
seniority of the petitioner has to be revised and restored. Now, the
respondents are taking steps for preparing panel for promotion to the post
of District Revenue Officers. According to the petitioner, the
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W.P(MD)No.8070 of 2021
respondents 6 to 13 are juniors to him and their proformas were called
for by the fourth respondent. If seniority is restored as per the judgment
of the Hon'ble Apex Court dated 12.03.2019, the petitioner will be
senior to the respondents 6 to 13. In the said circumstances, the
petitioner has given a representation on 29.07.2019, to the fourth
respondent, seeking to revise the seniority by implementing the order of
Hon'ble Apex Court dated 12.03.2019. Since no orders have been
passed, the petitioner has come out with the present Writ Petition.
5. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents 1 to 5.
6. From the materials placed on record, it is seen that, G.O.Ms.No.
133, Revenue Department, dated 07.02.1995, has given preference to
Pro-Assistants in the seniority list of Assistants over and above the
Promotee Assistants. In the OA filed by Promotee Assistants,
challenging Government Order which was taken up to Hon'ble Apex
Court. In the Civil Appeals, filed by the Promotee Assistants,
challenging the Government Order, the Hon'ble Apex Court, by order
dated 08.04.2009, partly allowed the Appeals, holding that the Promotee
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W.P(MD)No.8070 of 2021
Assistants, who are graduates also will be given preference. Again, Writ
Petitions were filed and again, the matter went up to the Hon'ble Apex
Court in S.L.P. (C) Nos.2270 and 2271 of 2012 and the said Special
Leave Petitions were heard as Civil Appeal Nos.257 and 258 of 2015.
The Hon'ble Apex Court, by order dated 12.03.2019, held that the earlier
order of the Hon'ble Apex Court, dated 08.04.2009, will have only
prospective effect and the seniority of the Pro-Assistants appointed
between 07.02.1995 and 08.04.2009 shall not be disturbed. The fourth
respondent also issued a Circular dated 26.09.2019 to all the District
Collectors, including the fifth respondent to implement the judgment of
the Hon'ble Apex Court in letter and spirit. The petitioner, in his
representation dated 29.07.2019, is seeking to implement the order of the
Hon'ble Apex Court dated 12.03.2019 in fixing his seniority. In view of
the order of the Hon'ble Apex Court, the fourth respondent is bound to
consider the representation of the petitioner and pass orders taking into
consideration the order of the Hon'ble Apex Court dated 12.03.2019.
7. This Court directs the fourth respondent to consider the
representation of the petitioner dated 29.07.2019, taking into
consideration the judgmnet of the Hon'ble Apex Court dated
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W.P(MD)No.8070 of 2021
12.03.20219, and pass orders within a period of four weeks from the date
of receipt of a copy of this order.
8. With the above directions, this Writ Petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
30.06.2021
Index : Yes / No
Internet : Yes / No
vsm
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
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W.P(MD)No.8070 of 2021
To
1.The Chief Secretary,
State of Tamil Nadu,
St. George Fort, Chennai.
2.The Public Secretary,
Public Department,
Government of Tamil nadu,
St. George Fort, Chennai.
3.The Additional Chief Secretary,
Revenue Department,
Government of Tamil Nadu,
St. George Fort, Chennai.
4.The Additional Chief Secretary/
The Commissioner of Revenue Administration,
Ezhilagam, Chennai – 600 005.
5.The District Collector,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8070 of 2021
V.M.VELUMANI,J.
vsm
W.P(MD)No.8070 of 2021
and W.M.P.(MD)No.6170 of 2021
30.06.2021
https://www.mhc.tn.gov.in/judis/
