Madras High Court
N.Vadivel vs The Government Of Tamilnadu on 8 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.617 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.617 of 2024 and
WMP.Nos.619 & 622 2024
N.Vadivel ... Petitioner
Vs.
1.The Government of Tamilnadu,
Represented by its Secretary,
Commercial Taxes Department,
Fort St.George,
Chennai-9
2.The Commissioner of Commercial Taxes,
Commercial Taxes Department,
Ezhilagam, Chepauk,
Chennai-5
3.K.Nagaraj ... Respondents
PRAYER: Writ petition is filed under Article 226 of the Constitution of India
to issue a writ of mandamus directing the respondents to promote the petitioner
temporarily as Deputy Commissioner in one of the vacancies lying vacant as
was done in the case of his junior, namely the third respondent herein.
For Petitioner : Mr.V.Prakash,
Senior Counsel
for Mr.S.Viswanathan
For Respondents
For R1 & 2 : Mrs.E.Ranganayaki,
Additional Government Pleader
ORDER
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This writ petition has been filed for direction to the respondents to
promote the petitioner temporarily to the post of Deputy Commissioner in any
of the vacancies lying vacant.
2. Mr.V.Prakash, the learned Senior Counsel appearing for the
petitioner submitted that the petitioner was recruited directly through
Tamilnadu Public Service Commission(TNPSC) to the post of Assistant
Commercial Tax Officer in the year 2008 for the vacancies of the years 2001 to
2007. He joined in the year 2008. His probation was declared satisfactorily
only in the year 2012. The second respondent never published the seniority in
the post of Deputy Commercial Tax Officer(formerly known as Assistant
Commercial Tax Officer) in accordance with the judgment rendered by the
Hon'ble Supreme Court of India. Therefore, the Assistant Commercial Tax
Officers filed a contempt petition before the Hon'ble Supreme Court of India,
which resulted in publishing the inter se seniority. The petitioner's seniority is
lower than the third respondent. Due to non completion of departmental
examination, his probation was declared after the third respondent's declaration
of probation. The petitioner is not questioning his non inclusion in the panel
drawn for Commercial Tax Officer of the year 2011, though the third
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respondent who is junior to the petitioner, was empanelled as Commercial Tax
Officer for the panel year 2011, as his probation was declared earlier to the
petitioner as he has passed departmental examination. Once the petitioner was
promoted to the cadre of Commercial Tax Officer and joined, his immediate
junior in the same cadre, who was promoted in the panel year of 2011, though
not on an earlier date, the issue is the effect on the petitioner's inter se seniority.
Now 57 posts of Deputy Commissioner were filled up by way of temporary
promotion on 28.12.2023. However, the petitioner was not considered for the
ad hoc promotion for inclusion in the temporary panel. Though the petitioner is
not challenging the panel for non inclusion of the petitioner for the year 2011,
he seeks his inclusion in the said panel in view of the fact that there are 23
posts of Deputy Commissioner now vacant and the respondents are not taking
steps to fill up those posts by promotion.
3. Mrs.E.Ranganayaki, the learned Additional Government Pleader
appearing for the respondents submitted that now the seniority list has been
empanelled as per the order passed by the Hon'ble Supreme Court of India in
CP.No.(C) Diary No.9663 of 2023 with C.P(C) Diary No.6415 of 2021 in
SLP.(C)No.2886 of 2016 by the seniority list dated 27.12.2023. The said
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seniority conferred on the individuals is purely provisional subject to
confirmation of their eligibility for inclusion in the respective year's panel and
does not confer on them any consequential right to be automatically considered
for further promotion or appointment to the next higher category. Therefore,
objections, if any, called for to the provisional panels redrawn now may be filed
individually in writing within 15 days from the date of the seniority list dated
27.12.2023.
4. Heard, the learned counsel appearing on either side.
5. The petitioner and others made representations dated 30.12.2023
to include their names under GO.Ms.No.143 Commercial Taxes and
Registration (E2) Department dated 28.12.2023. Whereas on perusal of the
above said G.O. is clear that any person who wishes to make representation
against non-inclusion of his/her name in the temporary list shall do so within a
period of two months from the date of issuance of the order. However, the
petitioner did not submit any objection for the revised seniority list dated
27.12.2023.
6. Therefore, the petitioner is directed to submit his objection for the
seniority list dated 27.12.2023 within a period of one week from today. On
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receipt of the same, the second respondent is directed to consider the same for
regaining the petitioner's position in the seniority list, on merits and in
accordance with law within a period of four weeks from the date of receipt of
the representation. Till then, the first respondent is directed to keep one post of
Deputy Commissioner in any of the vacancies 'vacant'. It is also made clear that
while considering the objections raised by the petitioner, the second respondent
is directed to consider the same without being influenced by any of the
observations made by this Court in this order.
7. With the above directions, this writ petition is disposed of.
Consequently, connected miscellaneous petitions are closed. There shall be no
order as to costs.
08.01.2024
Index :Yes/No
Internet : Yes/No
Speaking order/non-speaking order
lok
Note: Issue order copy on 09.01.2024
G.K.ILANTHIRAIYAN, J.
lok
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To
1.Secretary,
The Government of Tamilnadu,
Commercial Taxes Department,
Fort St.George,
Chennai-9
2.The Commissioner of Commercial Taxes,
Commercial Taxes Department,
Ezhilagam Chepauk,
Chennai-5
08.01.2024
https://www.mhc.tn.gov.in/judis
