Dismissed

D.Manohar, v. The Additional Chief Secretary/ Commissioner of State Tax

Madras HC13 Aug 2024WP/1217/2020

Case brief

AI extract

What is this about?

Writ Petition filed challenging seniority fixation after departmental transfer. Court held no infirmity or illegacy in order rejecting request to re-fix seniority as petitioner did not fall within ambit of relevant rules for retaining seniority upon inter-district transfer. Petition dismissed.

What did the court decide?

Writ petition dismissed with no costs.

D.Manohar, Vs The Additional Chief Secretary/… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.1217 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.08.2024

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.1217 of 2020

D.Manohar

... Petitioner

The Additional Chief Secretary/ Commissioner of State Tax, Ezhilagam, Chepauk, Chennai.

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The Joint Commissioner (ST), Commercial Taxes Buildings, Pitchards Road, Hasthampatti, Salem.

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The Deputy Commissioner (ST), Old Court Building, Mohanur Road, Namakkal. ... Respondents

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Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the first respondent in foj vz;/ vr;2/9600/2017 dated 04.03.2019 and quash the same as illegal and unlawful

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and direct the respondent to refix the petitioner's seniority and place the petitioner at No. 14 in the seniority list of Junior Assistants for the year 1990 and include the petitioner's name in the panel of Junior Assistants fit for promotion as Assistant for the year 1991 and provide consequent promotions with all attendant benefits as recommended by the third respondent in RC 3843/2017 A1 dated 03.08.2018 more particularly within a time frame.

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For Petitioner : Mr. J.Pooventhera Rajan

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For Respondents : Mrs. K.Vasanhamala, Government Advocate (Taxes)

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O R D E R

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The Writ Petition has been filed challenging the order dated

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04.03.2019, passed by the first respondent, whereby the request made by the petitioner to re-fix his seniority and place him at Serial No.14 in the seniority list of Junior Assistants for the year 1990 was rejected.

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The petitioner was recruited through the Tamil Nadu Public

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Service Commission as a Junior Assistant and allotted to the respondent's department. He joined as Junior Assistant on 08.12.1986 in the office of the

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Deputy Commercial Tax Officer, Gingee. Thereafter, he was promoted as Assistant with effect from 31.01.2001 and joined the office of Assistant Commissioner (CT), Sathi Road, Erode. Then, he was promoted to Deputy Commercial Officer with effect from 04.01.2012 and joined the office of the Commercial Tax Officer, Athur Town. Subsequently, he was promoted and is presently working as State Tax Officer (Review) in the office of the Deputy Commissioner (ST) (Intelligence), Salem. While in service at Vellore Commercial Taxes Division, the petitioner requested a one-way transfer from Vellore Commercial Taxes Division to Salem Commercial Taxes Division. However, he was informed that his request would be considered whenever a vacancy arises. Thereafter, the petitioner was transferred to Salem Commercial Taxes Division by order dated 22.02.1990.

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On perusal of the transfer order, it is clear that the petitioner shall forgo his seniority and have his seniority fixed at the last position in the list of approved probationers in Salem Division. The petitioner, an approved probationer, was, upon transfer, placed last in the list of approved probationers in the cadre of Junior Assistant.

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W.P.No.1217 of 2020

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The learned counsel for the petitioner submitted that it will apply only to the cases regarding transfer of a member of Tamil Nadu Ministerial Service from one departmental unit to another departmental unit. It is not at all of the petitioner. As per the Rule 11 (b) (v) of the Tamil Nadu Ministerial Service Rules (hereinafter referred to as 'the Rules' for short), the Tamil Nadu Commercials Taxes Department is divided into two units i.e. All offices in each Commercial Taxes Division other than Madras (North) & Madras (South) Divisions and all offices in Madras (North) & Madras (South) Divisions together. Therefore, Vellore and Salem Commercial Taxes Divisions are come under the one unit and transfer of a individual from one commercial taxes unit to another commercial taxes division of the same departmental unit will not attract any condition of relinquishment of seniority. Therefore, the petitioner made an application under Section 35(f) of the Tamil Nadu Subordinate Service Rules to revise his seniority and place his name below the approved probationers in the cadre of Junior Assistant in Salem Commercial Taxes Division for the year 1990.

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Admittedly, the petitioner was placed as the last person among the approved probationers in the cadre of Junior Assistant. Accordingly, he was subsequently promoted to various posts. However, the petitioner submitted a representation to place him based on the date of completion of his probation period. On perusal of the transfer order, it is clear that the petitioner's request was considered only on the condition that he shall forgo his seniority and be placed last among the approved probationers in the post of Junior Assistant.

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On a perusal of the counter-affidavit filed by the respondents and the submission of the learned Government Advocate (Taxes) reveals that the petitioner's seniority was fixed next to the approved probationers in Salem Division on the date of his joining in Salem Division, i.e., 06.04.1990.

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Further, it reveals that Rule 11 of the Rules clearly states that

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the departmental unit relates to offices located in the City of Madras and

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outside the city of Madras. Therefore, each district has a separate departmental unit. Accordingly, when transferred to Salem, the petitioner was placed last among approved probationers in the post of Junior Assistant. The petitioner then submitted a representation seeking to re-fix his seniority; however, it was rejected on the ground that the petitioner does not fall within the ambit of Rule 20 of the Rules.

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In view of the above, this Court finds no infirmity or illegality in the order passed by the first respondent and this Writ Petition is devoid of merits and it is liable to be dismissed. Accordingly, this Writ Petition is dismissed. No costs.

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13.08.2024

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Index:Yes/No Neutral Citation/Yes/No kv

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W.P.No.1217 of 2020

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The Additional Chief Secretary/ Commissioner of State Tax, Ezhilagam, Chepauk, Chennai.

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The Joint Commissioner (ST), Commercial Taxes Buildings, Pitchards Road, Hasthampatti, Salem.

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The Deputy Commissioner (ST), Old Court Building, Mohanur Road, Namakkal.

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W.P.No.1217 of 2020

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G.K.ILANTHIRAIYAN, J.

W.P.No.1217 of 2020

13.08.2024

https://www.mhc.tn.gov.in/judis

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D.Manohar, v. The Additional Chief Secretary/ Commissioner of State Tax

Case brief

What is this about?

What did the court decide?

D.Manohar, v. The Additional Chief Secretary/ Commissioner of State Tax

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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