Madras High Court
G.Esakki vs The Additional Chief Secretary To ... on 19 January, 2023
W.P.(MD)No.991 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:19.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.991 of 2023
and
W.M.P(MD)No.929 of 2023
G.Esakki ... Petitioner
Vs.
1. The Additional Chief Secretary to Government,
Labour Welfare and Skill Development,
Secretariat, Chennai - 600 009.
2. The Principal Secretary / Commissioner of Labour,
DMS Building,
Teynampet,
Chennai - 600 006.
3. The Assistant Commissioner of Labour,
Social Security Scheme,
Tenkasi,
Tenkasi District. ... Respondents
Prayer:Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling the records of
the second respondent i.e., the Principal Secretary / Commissioner of
Labour, Chennai in his proceedings in No.E1/24309/2022 dated
06.01.2023 and communicated by the Assistant Commissioner of Labour,
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.991 of 2023
Social Security Scheme, Tenkasi, in his endorsement No. Me.Ku. No.
106/2022 dated 10.01.2023 and quash the same and consequently direct
the first and second respondents i.e., the Additional Chief Secretary to
Government, Labour Welfare and Skill Development, Chennai and the
Principal Secretary / Commissioner of Labour, Chennai to draw the Inter-
se seniority list between Directly Recruited Assistants and Promotee
Graduate Assistants and based on it, the list of Upgraded Superintendent
for the year 2022-2023 may be prepared and notified within a specified
time frame that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam
For Respondents : Ms.K.Christy Theboral
Additional Government Pleader
ORDER
This writ petition has been filed to quash impugned proceedings
issued by the second respondent in No.E1/24309/2022, dated 06.01.2023
and consequently, to direct the first and second respondents to draw the
Inter-se seniority list between Directly Recruited Assistants and
Promotee Graduate Assistants and based on it, to prepare the list of
Upgraded Superintendent for the year 2022-2023 and notify the same,
within a specified time frame that may be fixed by this Court.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.991 of 2023
2. The petitioner was recruited through Tamil Nadu Public Service
Commission in the year 2012-2013 and appointed as Junior Assistant on
30.01.2013. Thereafter, he was promoted as Assistant. The grievance of
the petitioner is that the Principal Secretary / Commissioner of Labour,
Chennai, has drawn the approved list of upgraded Superintendent for the
year 2022-2023 and his name has not been included in the above said
approved list. The main grievance of the petitioner is that before
preparing the above mentioned list, the Principal Secretary ought to have
prepared inter-se seniority list between Promotee Graduates and Directly
Recruited Assistants as per G.O.Ms.No.106 P & AR(B) Department,
dated 01.09.2020. The said G.O., was issued in terms of the judgment
passed by the Hon'ble Apex Court, dated 12.03.2019 and the same was
followed by the Division Bench of this Court in W.A(MD)No.836 of
2018 etc., batch, wherein it has been held that inter se seniority shall be
prepared every 15th March of every year. But, in the petitioner's
Department, inter se seniority list has not been prepared before drawing
the approved list of Upgraded Superintendent for the year 2022-23, even
after amendment of the Tamil Nadu Ministerial Service Rules on
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W.P.(MD)No.991 of 2023
01.09.2020. In the inter-se seniority list, non graduate promotee
Assistants will not be included. But in the approved list, non graduate
promotees have been included. According to the petitioner, if the
approved list of Upgraded Superintendent for the year 2022-2023, for
which the crucial date is 15.03.2022, has been drawn after drawing the
inter se seniority list between Promotee Graduates and Directly Recruited
Assistants, the petitioner's name would have been included in the
approved list. Hence, challenging the seniority list, dated 06.01.2023,
the petitioner has filed this writ petition.
3. Mr.S.Visvalingam, learned counsel appearing for the petitioner
would submit that in the impugned seniority list itself, it is made clear
that objections and claims if any, for non-inclusion of names in the panel,
shall be preferred before the Principal Secretary/Commissioner of
Labour, within 15 days from the date of receipt of order. Therefore, it
would suffice, if the petitioner is granted liberty to petitioner to approach
the second respondent to work out his remedy.
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W.P.(MD)No.991 of 2023
4. Heard the learned Special Government appearing for the
respondent on the above said submissions.
5. In view of the fair submission made by the learned counsel
appearing for the petitioner, without interfering with the impugned
proceedings, this Court grants permission to the petitioner to approach
the second respondent to work out his remedy, as against the non-
inclusion of his name in the approved list, dated 06.01.2023, within a
period of two weeks from the date of receipt of a copy of this order. On
filing such appeal, the Principal Secretary / Commissioner of Labour,
Chennai, is directed to consider the same and pass appropriate orders on
merits and in accordance with law, based on the amendment made in
Tamil Nadu Ministerial Service Rules, dated 01.09.2020, within a period
of six weeks thereafter.
With the above direction, this writ petition is disposed of.
No Costs. Connected miscellaneous petition is closed.
19.01.2023
ssb
NCC:Yes/No
Index:Yes/No
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.991 of 2023
To
1. The Additional Chief Secretary to Government,
Labour Welfare and Skill Development,
Secretariat, Chennai - 600 009.
2. The Principal Secretary / Commissioner of Labour,
DMS Building,
Teynampet,
Chennai - 600 006.
3. The Assistant Commissioner of Labour,
Social Security Scheme,
Tenkasi,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.991 of 2023
M.DHANDAPANI,J.
ssb
W.P.(MD)No.991 of 2023
19.01.2023
https://www.mhc.tn.gov.in/judis
