Madras High Court
M.Selvarathinam … vs The State Of Tamil Nadu on 27 July, 2023
Writ Petition No.26384 of 2005 (T)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
Coram:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
Writ Petition No.26384 of 2005 (T)
and M.P.No.13546 of 2006
[O.A.No.8178 of 1998]
M.Selvarathinam …. Petitioner
Vs.
1. The State of Tamil Nadu,
Rep. by the Secretary to Government,
Revenue Department,
Secretariat, Chennai - 9.
2. The District Collector,
Vellore District,
Vellore. …. Respondents
Prayer: Original Application No.8178 of 1998 was filed before the Tamil Nadu
Administrative Tribunal praying to call for the records on the file of the District
Collector, Vellore in his proceedings O.Mu.49506/98 (A3) dated 18.08.1998
and quash the same and direct the respondents to give him Selection Grade and
other benefits. Since the Tamil Nadu Administrative Tribunal was abolished,
the O.A. Was received by transfer and numbered as Writ petition filed under
Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus.
For Petitioner: : Mr.G.Vinodh Kumar
For Respondents : Mr.L.S.M.Hasan Fizal,
Additional Government Pleader
ORDER
https://www.mhc.tn.gov.in/judis
Writ Petition No.26384 of 2005 (T)
The writ petition has been originally filed as OA No.8178 of 1998
before the Tamil Nadu Administrative Tribunal and on abolition it was
transferred and renumbered as WP No.26384 of 2005.
2. (a) Before the tribunal, the respondents have filed counter affidavit
stating that similarly placed persons have filed OA No.322 of 1990 before the
tribunal and obtained an order that they should be reabsorbed in the District
Revenue Unit and the Original Application has been allowed on 13.11.1991.
As against that State has preferred CA to the Hon'ble Supreme Court in CA
Nos.2352 to 2385 of 1992. The Hon'ble Supreme Court has set aside the order
of the Tamilnadu Administrative Tribunal and stated that 186 of the persons
have already been reabsorbed in the Revenue Unit and the remaining 12
respondents have to be reabsorbed as and when vacancies arise in the Revenue
Department.
(b) The petitioner M.Selvarathjinam is not a respondent before the
Tamilnadu Administrative Tribunal and he was permanently absorbed in the
Panchayat Development Unit. He made a representation to the Collector to
reabsorb him in the Revenue Unit in 1998.
https://www.mhc.tn.gov.in/judis
Writ Petition No.26384 of 2005 (T)
3. It remains to be stated that the original application filed by the
similarly placed persons, is in the year 1990 and the litigation has come to the
conclusion in the year 1994 and the representation made by the petitioner is in
the year 1998 and thus, the petitioner falls under the category as 'fence sitter' as
stated by our Hon'ble Supreme Court in Rup Diamonds & Others Vs. Union of
India and Others, reported in 1989 SCC (2) 356.
4. Therefore, extension of similar benefits does not arise, in view of
the judgment of the Hon'ble Supreme Court cited supra and hence, I do not find
any merits in this case. Accordingly, writ petition stand dismissed. No Costs.
Consequently, the connected Miscellaneous Petition is closed.
27.07.2023
Index : Yes/No
Speaking order / Non-speaking order
Neutral Citation: Yes/No.
ars
https://www.mhc.tn.gov.in/judis
Writ Petition No.26384 of 2005 (T)
RMT.TEEKAA RAMAN,J
ars
To
1. The State of Tamil Nadu,
Rep. by the Secretary to Government,
Revenue Department,
Secretariat, Chennai - 9.
2. The District Collector,
Vellore District,
Vellore.
Writ Petition No.26384 of 2005 (T)
27.07.2023
https://www.mhc.tn.gov.in/judis
