Madras High Court
The Inspector General Of ... vs C.P.Ragunathan on 5 January, 2023
W.A. No.2833 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A. No.2833 of 2022
1.The Inspector General of Registration,
Santhome, Chennai 28
2.The District Registrar,
Coimbatore.
3.The Sub Registrar,
Ganapathy Sub-Registry,
Coimbatore ... Appellants
Vs
C.P.Ragunathan ... Respondent
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 24.03.2022 in WP No.14315 of 2014.
For the Appellants :: Mr.P.Muthukumar,
State Government Pleader
Page 1 of 6
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W.A. No.2833 of 2022
JUDGMENT
(Made by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order dated 24.03.2022
passed by the learned Single Judge in WP No.14315 of 2014.
2. The Inspector General of Registration, Chennai, and two
others have jointly filed this appeal, on the ground that the learned
Single Judge has erred in allowing the writ petition, by setting aside
the order dated 06.05.2013 passed by the Sub Registrar, Ganapathy
Sub Registry, Coimbatore, the third appellant herein.
3. Mr.P.Muthukumar, learned State Government Pleader,
appearing for the appellants, assailing the impugned order, contended
that though the writ petitioner was given the benefit of notional
promotion as Sub-Registrar, he may not be fully considered qualified
for the license, as he did not work as Sub-Registrar and was granted
notional promotion alone. Therefore, the impugned order is liable to
be interfered with. The learned State Government Pleader further
submitted that the writ petitioner retired from service on attaining the
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W.A. No.2833 of 2022
age of superannuation on 31.08.2006, as Assistant in the Registration
Department. Thereafter, the writ petitioner was notionally promoted
as Sub-Registrar, Grade II, by the first appellant by his proceedings
dated 07.07.2011. Though the writ petitioner retired on 31.08.2006,
he has not applied for issuance of document writer license till
07.07.2011, as he knew well that license would be issued only to the
retired official of the registration Department who has served in the
post not below the rank of Sub Registrar. But since he was notionally
promoted as Sub Registrar, he has applied for issuance of license as if
he has served as Sub Registrar. But Rule 4(2)(iii) as amended by
G.O.Ms.No.144 Commercial Taxes dated 16.06.1999, provides for
issuance of license to retired Sub-Registrar. But this vital aspect has
been completely overlooked by the learned Single Judge.
4. We hardly find any merit in the submissions made by the
learned Government Pleader. Initially, the writ petitioner was working
in the feeder category of Assistant. Subsequently, he retired from
service. After he retired from service, the appellants themselves have
granted notional promotion as Sub Registrar. The petitioner was fully
qualified and entitled for promotion to the post of Sub-Registrar, from
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W.A. No.2833 of 2022
07.07.2011. But only due to administrative lapse, promotion on time
was not granted to the writ petitioner and he was subsequently
granted notional promotion at a later point of time.
5. Rule 4(2)(iii) reads as follows:
“Any retired official of the Registration
Department who had the required qualifications to
be appointed as a Sub-Registrar”.
Thus, it may be seen that the person should have the qualification to
work as Sub-Registrar and he need not have actually served as Sub-
Registrar. This being the indisputable position, the learned Single
Judge has rightly come to the conclusion that the writ petitioner was
entitled to the grant of document writer license. Therefore, we do not
find any error or illegality in the order passed by the learned Single
Judge.
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W.A. No.2833 of 2022
6. The writ appeal fails and the same is dismissed. There will be
no order as to costs. Consequently, C.M.P.No.15517 of 2022 is closed.
(T.R., ACJ.) (D.B.C., J.)
05.01.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
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W.A. No.2833 of 2022
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.A. No.2833 of 2022
05.01.2023
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