Tamil Nadu Assistant ... vs The State Of Tamilnadu
2023 Latest Caselaw 8557 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 18.07.2023

                                                             CORAM

                                  THE HON'BLE Mr. JUSTICE C. V. KARTHIKEYAN

                                                  W.P.No.32826 of 2016

                     Tamil Nadu Assistant Agricultural Officers Association,
                     Government Recognition No.3537/56
                     No.9, Thanikachalam Street,
                     Triplicane,
                     Chennai – 600 005.
                     Rep. by its State President,
                     S.Esakki Muthu,                                                      .. Petitioner

                                                             Vs.

                     1.The State of Tamilnadu
                       Rep. by its Principal Secretary to Government,
                       Agricultural Department,
                       Secretariat, Fort St. George,
                       Chennai – 600 009.

                     2.The Commissioner of Agriculture,
                       Chepauk,
                       Chennai – 600 005.                                              .. Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents to pass
                     orders for revising the seniority list for the post of Assistant Agriculture
                     Officer      issued   as   per    the    proceedings   of   2nd   respondent     in
                     Ka.Pa.Ne.2/78748/2016 based on the objection submitted by the petitioner


https://www.mhc.tn.gov.in/judis
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                     dated 13.06.2016 and consequently arrive the seniority in the post of
                     Assistant Agriculture Officer by taking into consideration of actual date of
                     joining the post of Assistant Agriculture Officer.


                                        For Petitioner      .. Mr. G. Sankaran

                                        For Respondents     .. Mr. T. K. Saravanan, Govt. Advocate.


                                                            ORDER

This Writ Petition has been filed in the nature of Mandamus seeking

a direction to the respondents to pass orders revising the seniority list for the

post of Assistant Agriculture Officer issued as per the proceedings of 2nd

respondent in Ka.Pa.Ne.2/78748/2016 based on the objection submitted by

the petitioner dated 13.06.2016 and consequently, to arrive the seniority in

the post of Assistant Agriculture Officer by taking into consideration the

actual date of joining the post of Assistant Agriculture Officer.

2.It is stated that about 800 employees were selected along with the

petitioner as Seed Officers in the Agriculture Department. Thereafter, the

issue of seniority arose. A learned Single Judge of this Court had answered

that issue in favour of the petitioners therein. The respondents had filed a

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writ appeal and the writ appeal was allowed. There was actually a batch of

writ appeals, wherein those who were affected by the order of the learned

Single Judge also preferred writ appeals. The matter finally landed before

the Hon'ble Supreme Court and it is contended that final orders have been

passed dismissing the Special Leave Petitions preferred by those who were

granted orders by the learned Single Judge. In effect, it had been held that

seniority by roster should not be granted and there should be norms for

fixing seniority. A Mandamus therefore would not lie in the teeth of the

judgment of the Hon'ble Supreme Court.

3.The petitioner had given a representation on 13.06.2016 seeking

consideration in accordance with the proceedings of the 2nd respondent in

Ka.Pa.Ne.2/78748/2016 dated 22.07.2016. But, however, since the issue

had been settled by the Hon'ble Supreme Court, it is only appropriate that

the respondents should follow the directions of the Hon'ble Supreme Court,

whenever the issue of seniority arises, particularly, even in the case of Seed

Officers for which post the petitioner was initially appointed.

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4.Once there has been a judicial pronouncement giving finality to the

entire issues, the petitioner and the respondents are bound by that particular

decision of the Hon'ble Supreme Court. Therefore, a Mandamus would not

lie calling upon the respondents to re-examine the representation given by

the petitioner. I would rather issue a direction to the respondents to follow

the directions of the Hon'ble Supreme Court.

5.Recording as above, this Writ Petition stands disposed of. No costs.

18.07.2023

Index:Yes/No Internet:Yes/No Neutral Citation:Yes/No Speaking order: Yes/No smv

https://www.mhc.tn.gov.in/judis

To

1.The Principal Secretary to Government, Agricultural Department, Secretariat, Fort St. George, Chennai – 600 009.

2.The Commissioner of Agriculture, Chepauk, Chennai – 600 005.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv

W.P.No.32826 of 2016

18.07.2023

https://www.mhc.tn.gov.in/judis