Partly allowed

Tmt. R.Sumathi v. the Secretary to Government

Madras HC6 Apr 2011WP/13149/2009

Case brief

AI extract

What is this about?

In two writ petitions seeking quashing of Government Orders concerning seniority and promotions in the Commercial Tax Department, the High Court adapted the writs under Article 226 due to lack of prior demand, permitting petitioners to make representations before deciding on the merits.

What did the court decide?

Petitioners are permitted to make representations to the respondents within fifteen days; respondents must dispose of such representations within two months by a speaking order; no costs.

Tmt. R.Sumathi Vs the Secretary to Government — Pension and Retirement Benefits | Madras HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.04.2011

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CORAM:

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THE HONOURABLE MR.JUSTICE VINOD K.SHARMA

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W.P.Nos.13149 and 13150 of 2009

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Tmt.R.Sumathi .. Petitioner in W.P.No.13149 of 2009 2. Tmt.T.Indira .. Petitioner in W.P.No.13150 of 2009

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Vs.

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The Secretary to Government Commercial Taxes Department, Fort St.George, Chennai-600 009.

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The Principal Secretary and Commissioner of Commercial Tax, Chepauk, Chennai

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The Secretary to Government, Personnel & Administrative Reforms Department, Fort St.George, Chennai-600 009.

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The Secretary, Tamil Public Service Commission, Omandurar Government Estate, Anna Salai, Chennai-600 002.

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Thiru R.Shanmuganathan 6. Thiru P.Sakthivel 7. Thiru P.Elango 8. Thiru A.Jothinathan .. Respondents in both petitions

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Writ petitions are filed under Article 226 of Constitution of India for the issuance of a writ of Certiorarified Mandamus, calling for the records of the 1^st respondent in G.O.Ms.No.91 Commercial Taxes and Registration (E1) Department dated 03.07.2009 and the consequential G.O.Ms.No.93 Commercial Taxes and Registration (E1) Department dated 03.07.2009 and quash the same in so far as it promotes the respondents 5 to 8 who are juniors to the petitioners and consequently, direct the 1^st and 2^nd respondents to fix the interse seniority at the level of Deputy Commercial Tax Officer (redesignated as Commercial Tax Officer) and Commercial Tax Officer (redesignated as Assistant Commissioner) following the Special Rules for the Tamil Nadu Commercial Tax Services and the relevant Government Orders and thereafter make promotions to the cadre of Deputy

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https://hcservices.ecourts.gov.in/hcservices/

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Commissioner (CT).

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For Petitioners: Mr.Silambanan, Senior Counsel For M/s.Silambanan Associates For R1 to R4 : Mrs.Pushpa Menon For R5 to R8 : Mr.V.Ravikumar

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C O M M O N O R D E R

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The petitioners have approached this Court with the prayer for issuance of a writ in the nature of certiorari to quash the impugned order in G.O.Ms.No.91 Commercial Taxes and Registration (E1) Department dated 03.07.2009 and the consequential G.O.Ms.No.93 Commercial Taxes and Registration (E1) Department dated 03.07.2009 with a consequential prayer for issuance of a writ in the nature of Mandamus, directing the 1^st and 2^nd respondents to fix the inter-se seniority at the level of Deputy Commercial Tax Officer (redesignated as Commercial Tax Officer) and Commercial Tax Officer (redesignated as Assistant Commissioner) following the Special Rules for the Tamil Nadu Commercial Tax Services and the relevant Government Orders and thereafter make promotions to the cadre of Deputy Commissioner (CT).

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The prayer in the writ petitions is not maintainable for want of writ of demand before approaching this Court. Learned counsel for the petitioners prays that the petitioners be permitted to make representation to the respondents.

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In view of the prayer made, these writ petitions are disposed off by permitting the petitioners to make representation to the respondents, within a period of fifteen days of the date of receipt of certified copy of this order.

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In case any representation is made, the respondents are directed to dispose off the same within a period of two months of the receipt of representation, by passing a speaking order.

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No costs. Connected miscellaneous petitions are closed.

Sd/Asst. Registrar

//true copy//

Sub Asst.Registrar

https://hcservices.ecourts.gov.in/hcservices/

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The Secretary to Government
Commercial Taxes Department,
Fort St.George, Chennai-600 009.
2. The Principal Secretary and Commissioner
of Commercial Tax, Chepauk, Chennai
3. The Secretary to Government,
Personnel & Administrative Reforms Department,
Fort St.George, Chennai-600 009.
4. The Secretary,
Tamil Public Service Commission,
Omandurar Government Estate,
Anna Salai, Chennai-600 002.
2 cc to Mr.S.Silambanan, Advocate, Sr.No.25102
1 cc to Spl.Government Pleader,(Taxes) Sr.No.24919
W.P.No.13149 and 13150 of 2009
BK & KSJ {CO}
TP/10.5.2011.

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https://hcservices.ecourts.gov.in/hcservices/

Tmt. R.Sumathi v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

Tmt. R.Sumathi v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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