Madras High Court
The Director Of Town Panchayat vs S.Lakshmanan on 25 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD).No.87 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD).No.87 of 2023
and
C.M.P.(MD)No.1082 of 2023
1.The Director of Town Panchayat,
Directorate,
Chennai – 600 028.
2.The District Collector,
Collectorate,
Tirunelveli District.
3.The Assistant Director of Town Panchayats,
Tirunelveli Zone,
Tirunelveli.
4.The Executive Officer,
Town Panchayat Office,
Thisayanvilai,
Tirunelveli District. ... Appellants
-vs-
1.S.Lakshmanan
2.S.Kumaresan ... Respondents
(R5 is impleaded vide order dated 30.09.2021
in W.P.(MD)No.11848 of 2021 in
W.M.P.(MD)No.13990 of 2021)
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Page 1 of 5
W.A.(MD).No.87 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against
the order passed by this Court in W.P.(MD)No.11848 of 2021, dated
28.09.2022.
For Appellants : Mr.Veera Kathiravan,
Additional Advocate General
Assisted by
Mr.K.Balasubramani
Special Government Pleader
For 1st Respondent : Mr.G.Thalai Mutharasu
For Mr.M.Mohana Sundaram
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Mr.G.Thalai Mutharasu, learned counsel for Mr.M.Mohana
Sundaram takes notice for the 1st respondent.
2.Challenge in this Appeal is to the direction issued by the Writ
Court, directing the respondents to be retained in the post of Junior
Assistant.
3.The Writ Court had directed the 1st respondent to be treated as
Junior Assistant, even though his initial appointment was as a Typist, the
post of Junior Assistant and Typist are not inter-changeable under Service
Rules.
4.The learned counsel for the 1st respondent would submit that the
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1st respondent would be eligible for promotion in the quota available for
Typist even in the year 2019 – 2020 panel.
5.It is now stated that by virtue of the seniority as Typist itself, the
1st respondent would be eligible for promotion as Assistant.
6.If that be so, whether the 1st respondent is considered in the
category of Typist or in the category of Junior Assistant, the effect will be
the same. If the 1st respondent is eligible for promotion as per seniority, the
Government will consider the same and promote him.
7.The Writ Petition is disposed of with the above direction. No Costs.
Consequently, connected miscellaneous petition is closed.
[R.S.M., J.] [L.V.G., J.]
25.10.2024
NCC :Yes/No
Index :Yes/No
Internet: Yes
Mrn
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To
1.The Director of Town Panchayat,
Directorate,
Chennai – 600 028.
2.The District Collector,
Collectorate,
Tirunelveli District.
3.The Assistant Director of Town Panchayats,
Tirunelveli Zone,
Tirunelveli.
4.The Executive Officer,
Town Panchayat Office,
Thisayanvilai,
Tirunelveli District.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Mrn
25.10.2024
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