Madras High Court
V.Mahendhiran vs The State Of Tamil Nadu on 26 July, 2023
W.P.(MD).No.18043 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.18043 of 2023
V.Mahendhiran ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary to Government,
Commercial Taxes & Registration Department,
Fort St.George, Secretariat,
Chennai-600 009.
2.The Principal Secretary/Commissioner
of Commercial Taxes,
Ezhilagam, Chepauk,
Chennai-600 005.
3.The Joint Commissioner (ST),
Madurai Division,
Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the 1 st respondent to
consider the representation, dated 15.03.2023 for issue re-fixing the pay of
monetary benefits in the cadre of Deputy Commissioner on par with the
petitioner's junior Tmt.D.Ramadevi with effect from 30.12.2005 to 31.07.2018
in the light of the G.O.(D).No.159, Commercial Taxes and Registration (E2)
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W.P.(MD).No.18043 of 2023
Department, dated 16.07.2018 and follow the judgment rendered by the High
Court in W.P(MD)No.7135 of 2009, dated 24.02.2017 within a time frame.
For Petitioner : Mr.Satheesh Murugan
For Respondents : Mr.M.Prakash
Additional Government Pleader
ORDER
The present writ petition has been filed seeking direction to the 1st
respondent to consider the representation, dated 15.03.2023 for re-fixing the
pay of monetary benefits in the cadre of Deputy Commissioner on par with the
petitioner's junior Tmt.D.Ramadevi with effect from 30.12.2005 to 31.07.2018
in the light of the G.O.(D).No.159, Commercial Taxes and Registration (E2)
Department, dated 16.07.2018 and follow the judgment rendered by the High
Court in W.P(MD)No.7135 of 2009, dated 24.02.2017 within a time frame.
2. The petitioner was appointed as Assistant Commercial Tax Officer on
18.04.1990 through the Tamil Nadu Public Service Commission. He got
promotion as Deputy Commercial Tax Officer on 10.08.2001. He was further
promoted as Commercial Tax Officer on 15.03.2007. While so, the post of
Commercial Tax Officer was re-designated as Assistant Commissioner of
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W.P.(MD).No.18043 of 2023
Commercial Taxes vide G.O.Ms.No.71, dated 30.07.2008. The petitioner has
completed 33 years of service. The 1st respondent preferred a panel for
promotional list, dated 22.08.2009 for the post of Deputy Commissioner of
Commercial Tax.
3. In the meanwhile, the Department issued three charge memos invoking
disciplinary proceedings against the petitioner. However, the petitioner
challenged the said charges by filing W.P(MD)No.7135 of 2009 before this
Court and this Court on 24.02.2017 quashed all those charges and further
directed the respondents to promote the petitioner as a Deputy Commissioner
from the date of promotion of his junior with all monetary and attendant
benefits within a period of 12 weeks from the date of receipt of the order passed
by this Court. Based on the order of this Court, the 1st respondent issued
G.O.Ms.No.63, dated 11.06.2018 with respect to the promotion of the cadre of
Deputy Commissioner and inter-se-seniority was fixed to the petitioner in
between the senior one Latha and junior one Ramadevi and the seniority
number of the petitioner was fixed as SI.No.1-A. However, the details as to
monetary and attendant benefits were not elaborated in the said G.O.
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W.P.(MD).No.18043 of 2023
4. The 1st respondent partially complied with the direction of the High
Court and without complying with the directions with respect to re-fixing of the
payment of monetary benefit in the cadre of Deputy Commissioner on par with
the petitioner’s junior one Ramadevi with effect from 31.07.2018. Thereafter,
the petitioner was promoted to the cadre of Appellate Deputy Commissioner of
commercial taxes, Chennai-III on 16.07.2018. The petitioner gave a
representation on 13.08.2018 to the Chairman, Tamil Nadu Sales Tax Appellate
Tribunal, Chennai for the purpose of fixing his cadre to the inter-se-seniority by
assigning SI.No.1-A with effect from 01.01.2010. That was not considered. The
petitioner further made another representation on 13.09.2022 to the 3rd
respondent for giving monetary and attendant benefits with effect from
30.12.2015 as per G.O.Ms.No.63, dated 11.06.2018 and G.O.Ms.No.442, dated
21.12.2005. Lastly, on 15.03.2023, the petitioner made another representation
to the 1st respondent through proper channel seeking re-fixation of salary on par
with his junior Ramadevi and pay fixation arrears with effect from 30.12.2015.
The same was also not considered. Hence, this writ petition came to be filed.
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W.P.(MD).No.18043 of 2023
5. It is needless to point out that whenever a representation of this nature
is made to a Statutory Authority, there is a duty cast upon the respondent to
consider the same on its own merits and pass appropriate orders in one way or
other instead of keeping the same pending indefinitely. As such, non-
consideration of the representation made by the Statutory Authority would
amount to dereliction of duty and hence, this Court will be justified in invoking
the extraordinary powers under Article 226 of the Constitution of India.
6. In view of the same, this Court directs the 1st respondent to consider
the petitioner’s representation, dated 15.03.2023 for re-fixing the pay of
monetary benefits in the cadre of Deputy Commissioner on par with the
petitioner's junior Tmt.D.Ramadevi with effect from 30.12.2005 to 31.07.2018
in the light of the G.O.(D).No.159, Commercial Taxes and Registration (E2)
Department, dated 16.07.2018, following the judgment rendered by this Court
in W.P(MD)No.7135 of 2009, dated 24.02.2017. The said exercise shall be
completed within a period of twelve (12) weeks from the date of receipt of a
copy of this order.
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W.P.(MD).No.18043 of 2023
7. In view of the above said observations, this Writ Petition stands
disposed of. No costs.
26.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
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To
1.The Secretary to Government,
Commercial Taxes & Registration Department,
Fort St.George, Secretariat,
Chennai-600 009.
2.The Principal Secretary/Commissioner
of Commercial Taxes,
Ezhilagam, Chepauk,
Chennai-600 005.
3.The Joint Commissioner (ST),
Madurai Division,
Madurai.
L.VICTORIA GOWRI, J.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18043 of 2023
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W.P.(MD).No.18043 of 2023
26.07.2023
https://www.mhc.tn.gov.in/judis
