Partly allowed

S. Chandra Bose, v. the Government of Tamil Nadu

Madras HC7 Oct 2020WP(MD)/14714/2012

Case brief

AI extract

What is this about?

The Madras High Court directed the third respondent to consider the petitioner's representation for revision of seniority and pass orders on merits within twelve weeks, holding that promotion is not a matter of right but revision of seniority is.

What did the court decide?

Order passed to third respondent to consider petition for revision of seniority and pass orders on merits within twelve weeks. Petition disposed.

S. Chandra Bose, Vs the Government of Tamil Nadu — Service and Employment | Madras HC (2020)

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W.P.(MD).No.14714 of 2012

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020 CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.(MD).No.14714 of 2012

S.Chandrabose

... Petitioner

-Vs-

1.The Government of Tamil Nadu, Though its Secretary, Higher Education Department, Fort St. George, Chennai.

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2.The Director,

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Directorate of Collegiate Education,

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College Road, Chennai-600 006.

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3.The Joint Director of Collegiate Education, (Development and Planning), Chennai-600 006.

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4.The Regional Joint Director of Collegiate Education, Tirunelveli, Tirunelveli District.

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5.L.Vivekanandan, Assistant, Government Arts College for Women, Kumbakonam, Thanjavur District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to refix the seniority of the petitioner immediately next to the fifth respondent by advancing the date of promotion to the post of Typist from 11.10.2003 to 01.02.2002 and the date of promotion to the post of Assistant from 08.05.2007 to 27.07.2005 within the time stipulated by this Court and consequently to consider the petitioner for promotion to the post of Superintendent on par with the fifth respondent.

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For Petitioner : Mr.G.Karthik for Mr.T.Lajapathi Roy For R1 to R4 : Mr.D.Muruganantham Additional Government Pleader For R5 : No Appearance

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

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W.P.(MD).No.14714 of 2012

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ORDER

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The relief sought for in the present writ petition is for a direction to direct the respondents to refix the seniority of the writ petitioner. The writ petitioner has submitted a representation on 01.10.2012 to refix his seniority by placing his name above the fifth respondent.

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2.Promotion per se cannot be claimed as a matter of right. However, revision of seniority and consideration can be claimed as a right. In view of the fact that the request of the writ petitioner for revision of seniority is yet to be considered, the writ petitioner is permitted to submit a fresh representation along with the copy of the earlier representation and the documents to the third respondent. On receipt of the same, the third respondent is directed to consider and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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3.With these directions, the writ petition stands disposed of. No costs.

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Sd/-

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Assistant Registrar (AE)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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1.The Secretary, Government of Tamil Nadu, Higher Education Department, Fort St. George, Chennai.

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2.The Director, Directorate of Collegiate Education, College Road, Chennai-600 006.

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3.The Joint Director of Collegiate Education, (Development and Planning), Chennai-600 006.

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4.The Regional Joint Director of Collegiate Education, Tirunelveli, Tirunelveli District.

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+1 CC to M/s.Special Govt.Pleader ( SR-19431[F] dated 08/10/2020 ) +1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-19457[F] dated 08/10/2020 )

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W.P.(MD).No.14714 of 2012 07.10.2020

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sji

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SDS (16.10.2020) 2P-7C

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

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S. Chandra Bose, v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

S. Chandra Bose, v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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