Madras High Court
J.Gajalakshmi vs The Additional Chief ... on 10 August, 2023
W.P.No.28361 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.28361 of 2022
and W.M.P.Nos. 27669 & 27671 of 2022
J.Gajalakshmi ... Petitioner
Versus
1.The Additional Chief Secretary/Commissioner
of Revenue Administration
Ezhilagam, Chennai
2.The District Collector
Cuddalore
3.The Special Deputy Collector
Revenue Court, Cuddalore
4.The District Revenue Officer
District Revenue Office, Cuddalore ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus, calling for
the records of the impugned order of the 2nd respondent dated 15.10.2022
made in Na.Ka.A2-9988-2022 and quash the same and consequently direct
the 2nd respondent to grant promotion to the petitioner in the cadre of
Deputy Tahsildar from 01.11.2019 as granted to one Mrs.Rajammal vide
Proceedings of the office of the 1st respondent in
Che.Mu.No.A.Na.1(1)/1781/2019-2 dated 01.11.2019.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.28361 of 2022
For Petitioner : Mr.Dhalapathy Vignesh Kumar
For Respondents : Mr.P.Baladhandayutham
Special Government Pleader
ORDER
This Writ Petition has been filed to quash the proceedings of the 2nd
respondent dated 15.10.2022 made in Na.Ka.A2-9988-2022 and
consequently direct the 2nd respondent to grant promotion to the petitioner in
the cadre of Deputy Tahsildar from 01.11.2019 as granted to one
Mrs.Rajammal vide Proceedings of the office of the 1st respondent in
Che.Mu.No.A.Na.1(1)/1781/2019-2 dated 01.11.2019.
2. The petitioner was originally appointed as Junior Assistant under
the first respondent on 28.05.2009, whereas, one Rajammal joined as Junior
Assistant in the Revenue Department on 10.06.2009 and posted at
Cuddalore. Thereafter, the petitioner was mutually transferred to the
Revenue Department and the petitioner was promoted as Deputy Tahsildar.
Thereafter, in pursuant to the judgment of the Hon'ble Apex Court in Civil
Appeal Nos. 251-256 of 2015 dated 12.03.2019, the petitioner's seniority
position has been changed and she was reverted to the post of Special
https://www.mhc.tn.gov.in/judis
W.P.No.28361 of 2022
Revenue Inspector, Excise Check Post, Cuddalore as per the directions of
the Hon'ble Apex Court. Challenging the same, this writ petition has been
filed.
3. The learned counsel for the petitioner fairly submitted that though
the challenge has been made for reversion of the petitioner's position, now,
he is restricting his prayer only with regard to considering the petitioner's
representation dated 28.09.2022 to fix the seniority in the place where she
has been transferred.
4. Since, the petitioner herself has not challenged the reversion as the
same has happened due to the Judgment of the Hon'ble Supreme Court. This
Court is also of the view that such reduction in the grade position cannot be
challenged. At any event, the petitioner herself is not challenging the same.
5. Such view of the matter, the respondents shall now consider the
representation of the petitioner dated 28.09.2022 and fix the seniority in the
place where she has been posted. A communication dated 22.04.2013 from
https://www.mhc.tn.gov.in/judis
W.P.No.28361 of 2022
the Commissionerate of Revenue Administration Office to the District
Collector, Cuddalore also makes it clear that the Service Register of the
Gajalakshmi/petitioner has not been sent in time.
6. Such view of the matter, this Court directs the respondent to fix the
seniority of the petitioner considering the petitioner's representation dated
28.09.2022 within a period of one month from the date of receipt of a copy
of this Order.
7. Accordingly, this writ petition stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
10.08.2023
dhk
Index:Yes/No
Internet: Yes/No
Neutral Citation:Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.28361 of 2022
To
1.The Additional Chief Secretary/Commissioner
of Revenue Administration
Ezhilagam, Chennai
2.The District Collector
Cuddalore
3.The Special Deputy Collector
Revenue Court, Cuddalore
4.The District Revenue Officer
District Revenue Office, Cuddalore
N.SATHISH KUMAR, J.
https://www.mhc.tn.gov.in/judis
W.P.No.28361 of 2022
dhk
Order in:
W.P.No.28361 of 2022
10.08.2023
https://www.mhc.tn.gov.in/judis
