A.P.Murugesan vs The Director Of Rural Development
2022 Latest Caselaw 7889 Mad

                                                                          W.P.(MD)No.18577 of 2017


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 18.04.2022

                                                       CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                               W.P.(MD)No.18577 of 2017


                 A.P.Murugesan                                                ... Petitioner
                                                          vs
                 1. The Director of Rural Development,
                    Panagal Building, Saidapet,
                    Chennai -15.

                 2. The District Collector,
                    Trichy District, Trichy.                                  ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorarified Mandamus, to call for the records connected
                 with Impugned Order passed by the 2nd respondent in Na.Ka.Tha.3/6564/2015
                 dated 11.04.2017 and quash the same and consequently direct the r4espondents to
                 Re-fix the Seniority of the petitioner just above Savarimuthu in Sl.No.276 in the
                 category of Grama Sevak Grade-II in the Seniority List as on 31.12.1984 dated
                 27.10.1985 and to extend the benefit of similarly placed T.G.Andorson by order
                 of the 2nd respondent dated 24.03.2012 and consequently to promote the
                 petitioner as Deputy Block Development Officer and Block Development Officer


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                                                                              W.P.(MD)No.18577 of 2017


                 with all monetary service and retirement benefits.



                                       For Petitioner     : Mr.S.Govindan

                                       For Respondents : Mr.S.Kameswaran
                                                          Government Advocate (Civil Side)


                                                        ORDER

This Writ Petition is filed for issuance of a Writ of Certiorarified

Mandamus, to quash the impugned order dated 11.04.2017 and consequently,

direct the respondents to re-fix the seniority of the petitioner above the junior,

namely, Savarimuthu and T.G.Andorson and promote the petitioner as Deputy

Block Development Officer and Block Development Officer with all monetary

benefits.

2. The brief facts of the case are that the petitioner had passed two years

Certificate Course in Agriculture. The petitioner was recommended to be

appointed as Grama Sevak Grade II under Indo-German Nilgiris Development

Project by order dated 31.12.1971 and appointed as Grama Sevak Grade II at

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18577 of 2017

Uthagamandalam and joined the service on 01.02.1972. The petitioner is working

there continuously until 01.09.1978. Subsequently, the petitioner was transferred

to Trichy District in T. Palur Block, Udayarpalayam Taluk, Trichy District and

joined on 07.09.1978. The petitioner continued to work as Grama Sevak Grade I,

then promoted as Extension Officer, Deputy Block Development Officer and

Block Development Officer and retired on 30.04.2007. The contention of the

petitioner is that he was appointed as Grama Sevak Grade II on 31.12.1971 and

joined duty on 01.02.1972 and subsequently transferred to Trichy District on

07.09.1978. The petitioner's earlier service for a period from 01.02.1972 to

06.09.1978 was not taken into account for the purpose of seniority and

consequential promotion and other service benefits. The seniority list of Trichy

District in the category of Junior Assistants, Cashier and Grade II Rural Welfare

Officer as on 31.12.1984, the petitioner was placed Junior most and placed in

Sl.No.325. According to the petitioner, he should have been placed in Sl.No.276

just above Savarimuthu, who was appointed on 27.03.1972 as Grama Sevak

Grade II. The petitioner is comparing yet another similarly placed person,

namely, T.G. Andorson, who was transferred to Agricultural Department,

Tirunelveli District to Trichy District on 22.05.1975 was placed in Sl.No.330 in

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18577 of 2017

the order of date of joining. The petitioner was selected based on the Division

Bench order rendered in W.P.(MD)No.19960 of 1998 batch dated 19.04.2005.

3. The second respondent has filed a counter affidavit stating that the

petitioner has claimed the benefits belatedly and the same is hit by laches. The

petitioner was transferred from Ooty to Trichy because the petitioner who was

working in Indo-German Nilgiris Development Project have disbanded and in

order to accommodate other persons who were working in the Project were

transferred in the available vacancies. The petitioner is seeking to include the said

service and to grant the petitioner's pensionary benefits and the seniority was

drawn by the District Collector in the year 1985 but the petitioner has challenged

in the year 1990 and has filed a petition in the year 2017. Therefore, the

respondents prayed to dismiss the writ petition.

4. Heard Mr.S.Govindan, learned Counsel appearing for the petitioner and

Mr.S.Kameswaran, learned Government Advocate appearing for the respondents.

5. It is seen from the records that the petitioner was working under the

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Project in Nilgiris and after the disbandment of the said Project, the petitioner was

transferred to Trichy District in the same post and the issue is whether such period

can be included or not. However, both the petitioner and the respondents have not

clarified this.

6. The contention of the petitioner is that similarly placed person, namely,

T.G.Andorson was granted the relief who was transferred from Agricultural

Department to the Revenue Department. By relying on the Division Bench order

dated 19.04.2005 both the petitioner and the respondent did not clarify the facts

on what basis the T.G. Andorson was granted. The contention of the petitioner is

that the petitioner was transferred from Nilgiris to Trichy, then the petitioner

ought to be placed as a Junior most person in the category in which the petitioner

was serving. This aspect shall be taken into account while considering the

petitioner's claim.

7. Therefore, this Court is of the considered opinion that the matter has to

be remitted back to the authority. The authority shall take the facts and the

judgments cited by the petitioner into consideration and after giving sufficient

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opportunity to the petitioner, shall decide whether the petitioner is eligible. If the

petitioner is eligible then the respondents shall grant the relief to the petitioner.

The said exercise shall be completed within a period of twelve weeks from the

date of receipt of a copy of this order.

8. With the above direction, the Writ Petition is disposed of. No costs.

18.04.2022

Index : Yes / No Internet : Yes

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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.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18577 of 2017

To

1. The Director of Rural Development, Panagal Building, Saidapet, Chennai -15.

2. The District Collector, Trichy District, Trichy.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18577 of 2017

S.SRIMATHY, J

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Order made in W.P.(MD)No.18577 of 2017

18.04.2022

https://www.mhc.tn.gov.in/judis