Madras High Court
S. Subashini vs The Additional Chief Secretary/ on 28 September, 2021
W.A.No. 36 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
W.A.No. 36 of 2020 and
C.M.P. No. 485 of 2020
S. Subashini ...Appellant
Vs.
1.The Additional Chief secretary/
Commissioner of Revenue Administration,
Chepauk, Chennai-5.
2. The District Collector,
Villupuram.
3. The District Collector,
Kachipuram.
4. The District Revenue Officer,
Kanchipuram.
5. S. Jayavel
Senior Head Assistant[Deputy Tahsildar]
B Section,
Collectorate,Kanchipuram. ....Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set aside
the order dated 04.09.2019 passed in W.P.No.16419 of 2019
For Appellant : Mr.S. Vijayakumar
For Respondents : Mr.K.V.Sanjeevkumar
Counsel for State for R1 to R4
*****
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J)
The Writ Appeal is filed against the order passed by the learned Single
Judge in W.P.No.16419 of 2019, dated 04.09.2019.
2. The only issue raised in this Writ Appeal is whether the order of
the learned Single Judge was right in placing the approved probationer
below the person, whose probation has not yet been declared.
3. The Appellant/Writ Petitioner was appointed as an Assistant
through the Tamil Nadu Public Service Commission in the year 2012 and
she was given placement in the Revenue District of Villupuram and she
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
joined as Assistant in Tindivanam Taluk Office on 14.03.2012 and her
probation was declared on 26.06.2015 vide the proceedings of the District
Revenue Officer, Villupuram. Before the Probation was declared, the Writ
Petitioner opted for one way transfer to the Kancheepuram District vide
application dated 01.07.2013 and the same was considered vide
proceedings of the First Respondent dated 06.07.2015. Thereafter, the
Fourth Respondent issued proceedings dated 24.08.2017, ignoring the inter
se seniority of the Writ Petitioner and declared the probation of one Komala
as well as Jayavel. Hence, the petitioner submitted a representation to the
Respondents 2 and 3 on 08.11.2017 to include her name in the inter se
seniority list in the appropriate place in terms of Service Rules. Since, the
same was not considered, she filed the Writ Petition in W.P.No.15218 of
2018 and this Court, vide order dated 23.07.2018, directed the respondent
to consider the representation of the Writ Petitioner dated 23.08.2018.
Thereafter, the fourth respondent passed an order dated 15.11.2018,
rejecting the representation of the petitioner.
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
4. Aggrieved over the same, the petitioner filed a Writ Petition in
W.P.No.2146 of 2019, seeking to quash the order of the fourth respondent
dated 15.11.2018 and to include her name in the inter se seniority list drawn
for the year 2012-2013 and also to promote the petitioner to the post of
Deputy Tahsildar for the year 2017. Pending disposal of the same, the First
Respondent passed an order dated 21.03.2019, cancelling the declaration of
the probation of the Appellant/Writ Petitioner, on the ground that no
relaxation was obtained from the Government, as against which, the Writ
Petitioner/Appellant filed an Appeal on 23.11.2016 for refixing her seniority
at the bottom of the approved probationer in the cadre of Assistant in
Kanchipuram District, which was also rejected by the First Respondent.
5. Challenging the said rejection order, the Appellant/Writ Petitioner
has filed the Writ Petition in W.P.No.16419 of 2019 and the learned Single
Judge has disposed of the Writ Petition with a direction to the Second
Respondent to consider the case of the Writ Petitioner, if she is otherwise
eligible, in accordance with Rules and pass orders on merits and in
accordance in law,within a period of twelve weeks from the date of receipt of
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
a copy of the order. In paragraph 13, learned Single Judge has observed as
follows:
"13. The Crucial issue involved in
this case is whether the petitioner even
prior to the completion of her probation,
completed the Survey and Settlement
Training or not. Admittedly, the petitioner
has completed the Survey and Settlement
Training only on 18.04.2015. But, the
District Revenue Officer, Villupuram vide
proceedings dated 26.06.2015 has
declared the probation of the Writ
Petitioner on the normal date of
completion of probation on 24.05.2014
A.N., even though the petitioner has
completed the Survey and Settlement
Training only on 18.04.2015."
6. A reading of the counter affidavit filed by the Respondents herein in
the Writ Petition would make it very clear that the Writ Petitioner/Appellant
was not at all responsible for the delay and therefore the case of the
Appellant/Writ petitioner needs to be reviewed for declaration of probation.
Further, in Paragraph 21 Counter Affidavit filed by the fourth respondent, it
is stated that the Writ Petitioner was not all blamed for belated deputation of
prescribed training. Once the probation of the Writ Petitioner is declared,
she should be given preference and placed above the persons whose
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
probation has not been declared. To be more precise, after declaration of
the probation, the Writ Petitioner/Appellant shall not be placed below the
persons, whose probation has not been declared. In other words, she can be
placed at the bottom of the seniority in the category of approved
probationers and therefore this Court is of the view that the order passed by
the learned Single Judge needs to be interfered with.
7. In the result, this Writ Appeal is allowed. The Order of the learned
Single Judge dated 04.09.2019 is set aside. The respondent is directed to
grant future benefits to the Appellant/Writ Petitioner by refixing her
seniority, within a period of four months from the date of receipt of a copy of
this order. No costs. Consequently, connected M.P. is closed.
[S.V.N., J.,] [A.A.N., J]
28.09.2021
Index: Yes/no
Internet: Yes/no
arr
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
To
1.The Additional Chief secretary/
Commissioner of Revenue Administration,
Chepauk, Chennai-5.
2. The District Collector,
Villupuram.
3. The District Collector,
Kachipuram.
4. The District Revenue Officer,
Kanchipuram.
S. VAIDYANATHAN,J
https://www.mhc.tn.gov.in/judis
W.A.No. 36 of 2020
and
A.A. NAKKIRAN, J
arr
W.A.No. 36 of 2020
28.09.2021
https://www.mhc.tn.gov.in/judis
