A writ petition seeking absorption of the petitioner into the Registration Department based on seniority was disposed of. The High Court directed the respondents to consider earlier representations on merits and provide a personal hearing within 8 weeks.
Direction to respondents to consider petitioner's representations on merits and grant hearing within 8 weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2014
CORAM
THE HON'BLE Ms. JUSTICE K.B.K.VASUKI Writ Petition No.8342 of 2007 (O.A.No.4174 of 2002)
R.Sakthivel ... Petitioner
vs.
1.The Secretary,
Personal and Administrative Reforms (P) Department,
Secretariat, Chennai-600 009.
2.The Inspector General of Registration Department,
Santhome, Chennai 600 028.
3.The Commissioner and Director
of Survey and Settlement,
Chepauk, Chennai 600 005. ... Respondents
Writ Petition, U/A 226 of the constitution,having been transferred from the file of the Tamil Nadu Administrative Tribunal, Chennai in O.A.No.4174 of 2002, is filed to direct the respondents to accommodate the petitioner in the department of 2nd respondent as per G.O.Ms.No.248 Revenue Department dated 23.3.1993 based on the seniority list prepared by the 3rd respondent herein under Sl.Nos.434 to 622 which were allotted to the Registration Department by treating the petitioner's Sl.No.as 550.
For Petitioner : Mr.G.Thangavel For Respondents : Mr.S.Navaneetham, AGP O R D E R
The issue involved herein is regarding the absorption of the petitioner as like that of the similarly placed persons from the Survey and Settlement Department to the Registration Department.
2.According to the learned counsel for the petitioner, a list of seniority was prepared as early as on 24.11.1995 for absorbing the candidates in the Registration Department, out of which, 60 persons were already absorbed in the Registration and other departments. https://hcservices.ecourts.gov.in/hcservices/ Though the petitioner's name was found in the list, he was not considered. The learned counsel for the petitioner has also drawn the attention of this court to the petitioner's representation dated
20.5.2002, requesting the first respondent to absorb him from the Survey and Settlement Department to the Registration Department.
3.The reading of the petitioner's representation enclosed at page 49 of the typed set of papers, would reveal that there were earlier representations dated 19.10.1999 and 18.3.2002 in this regard. Further, the perusal of the letter dated 7.3.2000 of the Joint Secretary to Government, Personnel and Administrative Reforms (P) Department, Chennai, enclosed at page 48 of the typed set reveals that the petitioner's representation dated 19.10.1999 was forwarded to the third respondent/Commissioner and Director of Survey and Settlement, Chepauk, Chennai for taking action.
4.In view of the above stated position, this Court, without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioner's representation dated 19.10.1999 and 2.5.2002 on merits and after giving due opportunity of personal hearing of the petitioner and pass appropriate orders, within 8 weeks from the date of receipt of the copy of this order.
5.With the above direction, the writ petition is disposed of. No
costs.
Sd/Asst. Registrar[CS-V]
DT/-26/03/2014
/true copy/
Sub Asst. Registrar.
rk
To
1.The Secretary,
Personal and Administrative Reforms (P) Department,
Secretariat, Chennai-600 009.
Writ Petition No.8342 of 2007(T)
RBD(CO) VC(26.03.2014)
2 issues framed by the court
Whether the petitioner is entitled to absorption into the Registration Department based on seniority.
Whether the respondents were justified in not considering the petitioner's seniority list.
R.Sakthivel
The Secretary, Personal and Administrative Reforms (P) Department
The Inspector General of Registration Department
The Commissioner and Director of Survey and Settlement
K.B.K. Vasuki
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
