Madras High Court
K.Arulmurugan vs The State Of Tamil Nadu on 12 October, 2022
Order dated 12.10.2022
in W.P.No.25620 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.10.2022
Coram:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.25620 of 2021
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1. K.Arulmurugan
2. S.Muruganandam
3. K.A.Siddhan
4. P.Kanagaraj
5. P.Mohanraj
6. K.Sridharan
7. S.Thangavelu
8. S.Ponna .. Petitioners
Vs.
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Secretariat, Fort St.George,
Chennai-600 009.
2.The Director of Town Panchayats,
Urban Administration Buildings,
Rajah Annamalaipuram,
Chennai-600 028.
3. The District Collector,
Salem District, Salem.
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Order dated 12.10.2022
in W.P.No.25620 of 2021
4. The Assistant Director of Town Panchayats,
Collectorate Campus,
Salem District, Salem. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus to direct the respondents to
prepare year-wise panel based on existing vacancies every year to be filled up
within 20% of vacancies earmarked for non-provincialised staff in Town
Panchayat services in Salem District for promotion to the post of Junior
Assistant/Bill Collector in compliance with G.O.Ms.No.150, dated
19.08.1998 and to include the name of the petitioners in the relevant pane
year based on their seniority and eligibility with consequential promotion on
notional basis, with all consequential and other attendant benefits including
arrears of salary, by considering the representation submitted by the
petitioners, within a time frame to be fixed by this Court.
For petitioners : Mr.G.Sankaran
For respondents : Mr.M.Shajahan, Spl.G.P. for RR-1, 2 and 4
Mrs.Geetha Thamarai Selvan, Spl.G.P. for R-3
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Order dated 12.10.2022
in W.P.No.25620 of 2021
ORDER
The petitioners have filed the present Writ Petition praying for issuance
of a Writ of Mandamus to direct the respondents to prepare year-wise panel
based on the existing vacancies every year to be filled up within 20% of
vacancies earmarked for non-provincialised staff in Town Panchayat services
in Salem District for promotion to the post of Junior Assistant/Bill Collector
in compliance with G.O.Ms.No.150, Municipal Administration and Water
Supply Department, dated 19.08.1998 and to include the name of the
petitioners in the relevant panel year based on their seniority and eligibility
with consequential promotion on notional basis, with all consequential and
other attendant benefits including arrears of salary, by considering the
representation submitted by the petitioners, within a time frame to be fixed by
this Court.
2. According to the petitioners, they have been denied promotion in
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Order dated 12.10.2022
in W.P.No.25620 of 2021
accordance with their seniority and eligibility on preparation of year-wise
panel as directed in the said G.O.Ms.No.150 and instead, they have been
given promotion after more than 23 to 25 years, only on 09.10.2019. In such
circumstances, they have given various representations to the respondents
seeking redressal of their grievances as stated supra, and since their
representations have not been considered, the petitioners have filed the
present Writ Petition for the relief stated supra.
3. Heard both sides and perused the materials available on record.
4. No prejudice would be caused to the respondents, if the petitioners
are allowed to give a fresh representation to redress their grievances stated
above.
5. Learned counsel for the petitioners relied on the following decisions:
(i) Order of this Court, dated 30.08.2013 passed in W.P.No.19439 of
2008 (S.D.Madasamy Vs. The Secretary to Government).
(ii) Judgment rendered in Writ Appeal No.134 of 2015, dated
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Order dated 12.10.2022
in W.P.No.25620 of 2021
06.09.2018, challenging the above order passed in W.P.No.19439 of 2008.
(iii) The above judgment in W.A.No.134 of 2015 was challenged in
S.L.P.(Civil) Diary No.39075 of 2019, dated 17.02.2020, which was
dismissed as withdrawn before the Supreme Court with direction.
6. It is for the respondents to consider the representation of the
petitioners on merits and in accordance with law, and decide as to whether
the same is applicable to the petitioners also, while considering the
petitioners' representation, which will have to be given afresh.
7. This Court directs the respective petitioners to submit fresh
individual representation to the respondents requesting them to prepare year-
wise panel for promotion to the post of Junior Assistant/Bill Collector on the
existing vacancies every year to be filled up within 20% vacancies earmarked
for non-provincialised staff in Town Panchayt services in Salem District, in
compliance with G.O.(Ms).No.150 stated supra and to include the name of
the respective petitioners in the relevant panel years based on their seniority
and eligibility, with consequential promotion on notional basis, with all other
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Order dated 12.10.2022
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attendant benefits including the arrears of salary, within a period of two
weeks from the date of receipt of a copy of this order.
8. On receipt of such representations, the third respondent shall pass
final orders on merits and in accordance with law, after giving due
consideration of the said G.O.(Ms).No.150 as well as the decisions referred
to supra, within a period of 12 weeks from the date of receipt of such fresh
representations.
9. With the above observations and directions, the Writ Petition is
disposed of. There shall be no order as to costs.
12.10.2022
(1/2)
Speaking Order :Yes/no
cs
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Order dated 12.10.2022
in W.P.No.25620 of 2021
To
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Secretariat, Fort St.George,
Chennai-600 009.
2.The Director of Town Panchayats,
Urban Administration Buildings,
Rajah Annamalaipuram,
Chennai-600 028.
3. The District Collector,
Salem District, Salem.
4. The Assistant Director of Town Panchayats,
Collectorate Campus,
Salem District, Salem.
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Order dated 12.10.2022
in W.P.No.25620 of 2021
ABDUL QUDDHOSE, J
cs
W.P.No.25620 of 2021
12.10.2022
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