Madras High Court
Unknown vs The Commissioner Of Revenue on 28 November, 2022
W.A(MD)No.413 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A(MD)No.413 of 2021
and
CMP(MD)Nos.1541, 10339 and 6293 of 2021
1. S.Premkumar
2. P.Arockia Britto
3. V.Marx
4. M.Muthu Vinayagam
5. A.Antony Samy
6. P.Murugesan
7. A.Chandrasekaran
R.Tennis Kumar (died)
8. G.Katturaja
9. R.Venkatesan
10. K.Ponnuchamy
1/13
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W.A(MD)No.413 of 2021
11. A.Arockiaxavier
12. S.Selvakumar ... Appellants
vs.
1. The Commissioner of Revenue
Administration and Disaster Management,
Mitigation Department,
Chepauk, Chennai.
2. The District Collector,
Dindigul District.
3. The District Revenue Officer,
Dindigul District.
4. The Secretary,
Tamil Nadu Public Service Commission,
No.3, Frazer Bridge Road, VOC Nagar,
Chennai-3.
5. M.Chitra,
Senior Revenue Inspector,
Divisional Excise Office, Palani,
Dindigul District.
6. J.Moorthy,
Senior Revenue Inspector,
Collectorate,
Dindigul District.
7. A.Sumathi,
Senior Revenue Inspector,
Collectorate,
Dindigul District.
2/13
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W.A(MD)No.413 of 2021
8. S.Jesuraj,
Firka Revenue Inspector,
Revenue Divisional Office,
Kallimanthaiyam, Oddanchatram,
Dindigul District.
9. S.Mayavan,
Senior Revenue Inspector,
Revenue Divisional Office,
Palani, Dindigul District.
10. C.Saravanan,
Senior Revenue Inspector,
Collectorate,
Dindigul District.
11. T.K.Ramesh,
Senior Revenue Inspector,
Taluk Office, Palani,
Dindigul District.
12. A.Manoharan,
Firka Revenue Inspector,
Vedasandur, Dindigul District.
13. U.Shenbagavalli,
Firka Revenue Inspector,
Athoor Taluk, Dindigul District.
14. P.Manikandan,
Firka Revenue Inspector,
Korikadavu,
Palani Taluk, Dindigul District.
15. M.Mallika,
Senior Revenue Inspector,
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W.A(MD)No.413 of 2021
O/o. The Special Tahsildar,
Settlement Office,
Dindigul District.
16. A.Ilanchelvan,
Firka Revenue Inspector,
Natham Taluk, Dindigul District.
17. P.Chandramani,
Firka Revenue Department,
Palani Taluk, Dindigul District.
18. A.Kavitha,
Senior Revenue Inspector,
O/o. Adi Dravidar Welfare,
Palani Taluk, Dindigul District.
19. B.G.Chandraleka,
Senior Revenue Inspector,
O/o. Adi Dravidar Welfare,
Palani, Dindigul District.
20. R.Mohanadundarai,
Firka Revenue Inspector,
Kottamatham, Vedasandur Taluk,
Dindigul District.
21. P.Parameshwari,
Senior Revenue Inspector,
Collectorate, Dindigul District.
22. M.Soundarapandian,
Senior Revenue Inspector,
Collectorate, Dindigul District.
4/13
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W.A(MD)No.413 of 2021
23. N.Karuppasamy,
Firka Revenue Inspector,
Kodaikanal, Kodaikanal Taluk,
Dindigul District.
24. C.Kajasheriff,
Senior Revenue Inspector,
West Taluk Office, Dindigul District.
25. P.Sundarapandian,
Senior Revenue Inspector,
Taluk Office, Natham, Dindigul District.
26. V.Amuthamozhi,
Firka Revenue Inspector,
Thoppampatty, Palani Taluk,
Dindigul District.
27. M.Jeyakumar,
Firka Revenue Inspector,
Chinnalapatti, Athoor Taluk,
Dindigul District.
28. M.Amutha,
Firka Revenue Inspector,
Ayyampalayam, Athoor Taluk,
Dindigul District.
29. P.Muthupandi,
Firka Revenue Inspector,
Natham, Natham Taluk,
Dindigul East, Dindigul District.
30. K.Selvi,
Firka Revenue Inspector,
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W.A(MD)No.413 of 2021
Natham, Natham Taluk,
Dindigul East, Dindigul District.
31. R.Venkaimarban,
Firka Revenue Inspector,
Senthurai, Natham Taluk,
Dindigul District.
32. J.Ansari,
Firka Revenue Inspector,
Orathattu, Nilakottai Taluk,
Dindigul District.
33. C.Mythili,
Firka Revenue Inspector,
Ottanchatram Taluk,
Dindigul District.
34. T.Muthamilselvan,
Firka Revenue Inspector,
Dindigul West Taluk,
Dindigul District.
35. N.Sankar
36. The Government of Tamil Nadu,
Rep. by its Principal Secretary,
Personnel and Administrative Reforms Department,
Fort St. George, Chennai-9.
37. M.Kanagaraj ... Respondents
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent,
against the order passed in W.P(MD)No.5003 of 2018 dated
10.02.2020.
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W.A(MD)No.413 of 2021
For Appellants : Mr.R.Rajaraman
For R1 to R3 & R36 : Mr.R.Baskaran
Additional Advocate General assisted by
Mr.S.P.Maharajan
Special Government Pleader
For R4 : Mr.V.Pannerselvam
For R5 to R8, R13, R14, R16 to R18, R20, R28, R30,
R31 & R37 : Mr.T.Lajapathi Roy
For R12 : Mr.S.Kumar
For R9, R11, R19, R21, R25, R26, R29, R30, R31, R33, R23,
R32, R34, R10 & R35 : No appearance
JUDGMENT
(Judgment of the Court was made by R.MAHADEVAN, J.)
The Writ Appeal is directed against the order made in
W.P(MD)No.5003 of 2018 dated 10.02.2020.
2. W.P(MD)No.5003 of 2018 was filed to declare Section 1(2)
of Tamil Nadu Government Servant (Condition of Service) Act, 2016
as ultra vires and unconstitutional, to quash the order passed in
Na.Ka.No.37470/2017/A2 dated 27.11.17 on the file of the 3rd
respondent and to direct the 3rd respondent to fix the seniority of
Revenue Assistant in Dindigul District, based on the rank list
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W.A(MD)No.413 of 2021
submitted by the 4th respondent in the recruitment of CSSE-1-201 as
per Section 35A of Tamilnadu State and Subordinate Service Rules.
3. The Writ Court by a common order dated 10.02.2020 in
W.P(MD)No.5003 of 2018 and 1697 of 2019, has issued the following
direction:-
''7.In the light of the above observations and in
consideration of the prayer sought for in W.P(MD)No.1697
of 2019, there shall be a direction to the first respondent to
dispose of the petitioners' appeal dated 23.01.2018 on its
own merits and pass appropriate orders in accordance with
law, after giving due opportunity of hearing to the
petitioners as well as the private respondents herein. Such
an exercise shall be completed, at least within a period of
three months from the date of receipt of a copy of this
order.
8.In view of the above direction to consider the
appeal, the prayer in W.P.(MD) No.5003 of 2018 does not
require consideration.''
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W.A(MD)No.413 of 2021
4. Today, when the writ appeal was taken up for hearing,
learned Additional Advocate General submitted that the prayer of the
appellants/writ petitioners is met with by the official respondents and
based on the merit based inter-se seniority, panels of Deputy
Tahsildars (Re-Revised Panels) from the years 2009 to 2020 were
published on 22.04.2022 vide proceedings of the District Collector,
Dindigul, in Roc.No.10791/2019(18-26)/A1, wherein, the appellants'
names also appear. To that effect, the 2nd respondent/District
Collector, Dindigul District, has also filed an additional counter affidavit
and the relevant portion thereof is extracted below:-
''4) I further respectfully submit that as per the
Additional Chief Secretary / Commissioner of Revenue
Administration letter in Ser.4(2)/2160/2020, dated
04.03.2022 based on the Hon'ble Apex Court order dated
21.01.2016 in S.L.P. No.2886 of 2016, revised inter-se-
seniority list were published based on merit seniority list
received from TNPSC for directly recruited assistants for
the year CSSE-I 2009, 2010, 2011-2012, 2012-2013 and
2015-2016 on 04.04.2022 vide the Proceedings of the
District Revenue Officer, Dindigul in Roc.No.
37918/2017/A2. Consequently based on the merit based
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W.A(MD)No.413 of 2021
inter-se-seniority panels of Deputy Tahsildars (Re-Revised
Panels) from the year 2009 to 2020 were published on
22.04.2022 vide the Proceedings of the District Collector,
Dindigul in Roc.No.10791/2019(18-26)/A1. It is pertinent
to note that Appellants 1, 2, 5, 6, 8 and Respondents 6,
10, 14, 22, 25, 27, 30, 37 of this Writ Appeal found place
in the Re-revised list of Deputy Tahsildar published based
on the merit seniority for the year 2018, 2019 and 2020
respectively.
5) I respectfully submit that, thereby the prayer of
the Petitioner in Writ Appeal is complied with. In so for the
prayer of the W.P.(MD) No.5003 of 2018 is settled as well
as merit based seniority also implemented, in the interest
of public and District Administration, considering the
vacancies available in Dindigul District, it is prayed to
vacate the interim injunction ordered by this Hon'ble Court
in C.M.P (MD) No.1541 of 2021 in W.A.(MD) No.413 of
2021. Hence in the interest of justice, interim order
granted by this Hon'ble court on 24.02.2021 may be
vacated otherwise this respondent will be put to hardship.''
5. Thus, recording the aforesaid submission made by the
learned Additional Advocate General and the aforesaid specific
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W.A(MD)No.413 of 2021
averments in the additional counter affidavit filed by the 2nd
respondent, the Writ Appeal is disposed of, as no further orders are
required to be passed in this appeal. No costs. Consequently,
connected miscellaneous petitions are closed.
[R.M.D.,J.] & [J.S.N.P.,J.]
Index : Yes / No 28.11.2022
Internet : Yes
bala
To
1. The Commissioner of Revenue
Administration and Disaster Management,
Mitigation Department,
Chepauk, Chennai.
2. The District Collector,
Dindigul District.
3. The District Revenue Officer,
Dindigul District.
4. The Secretary,
Tamil Nadu Public Service Commission,
No.3, Frazer Bridge Road, VOC Nagar,
Chennai-3.
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W.A(MD)No.413 of 2021
5. The Principal Secretary,
Government of Tamil Nadu,
Personnel and Administrative Reforms Department,
Fort St. George, Chennai-9.
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W.A(MD)No.413 of 2021
R.MAHADEVAN,J.
and
J.SATHYA NARAYANA PRASAD,J.
bala
JUDGMENT MADE IN
W.A(MD)No.413 of 2021
DATED : 28.11.2022
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