Allowed

Mayalagu.K v. The District Collector

Madras HC20 Feb 2024WP(MD)/2045/2024

Case brief

AI extract

What is this about?

The Madras High Court allowed a writ petition filed by a Village Assistant seeking promotion to Village Administrative Officer. The Court directed respondents to promote the petitioner, ranked 2nd in seniority, retrospectively from 18.01.2024, the date juniors were promoted, ensuring he receives consecutive benefits.

What did the court decide?

Respondents directed to promote petitioner as Village Administrative Officer effective 18.01.2024; exercise to be completed within 12 weeks.

Mayalagu.K Vs The District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD).No.2045 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.02.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.2045 of 2024

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K.Mayalagu ... Petitioner

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Vs.

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1.The District Collector, Ramanathapuram District.

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2.The District Revenue Officer, Ramanathapuram District.

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3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Village Administrative Officer from the date on which his juniors were given promotion i.e., 18.01.2024 with all other consequential benefits.

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For Petitioner : Mr.V.Panner Selvam

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For Respondents : Mr.R.Ragavendran, Government Advocate

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W.P.(MD).No.2045 of 2024

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ORDER

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The present writ petition has been filed seeking direction to the respondents to promote the petitioner as Village Administrative Officer from the date on which his juniors were given promotion i.e., 18.01.2024 with all other consequential benefits.

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The brief facts which are necessary for the disposal of this Writ Petition is as follows:-

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The petitioner is a disabled person and he was selected and appointed as Village Assistant through employment exchange on 14.09.2007. He joined in service on 27.09.2007. The Government issued order in G.O.(Ms).No.254 dated 09.07.2015 to fill up the post of Village Administrative Officer by promoting the Village Assistant by reserving 20% vacancy for promotion. The petitioner's name was included in serial number 30 in a combined seniority list out of 318 persons for Ramanathapuram District for the post of Village Administrative Officer. Thereafter, a panel was prepared for the crucial date on 15.03.2022, in which the petitioner's name was placed in serial No.2. As per the panel, the 1 st

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W.P.(MD).No.2045 of 2024

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person M.Kalavathi and she was given with a promotion of Village Administrative Officer on 20.03.2023. The petitioner being the 2 nd person in the list, the respondent ought to have promoted the petitioner. Despite the availability of sufficient vacancy, the petitioner was not promoted. However, the juniors of the petitioner, that is, the persons who were placed in serial no. 3, 5 an 6 in the said seniority list were promoted on 18.01.2024 and they marched over the petitioner in promotion. It is pertinent to note that another person whose name was not included in the panel was also promoted. Since the petitioner was not given promotion, the present writ petition came to be filed.

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The learned Government Advocate on instructions vehemently submitted that those promotions were made pursuant to the order by this Court in W.P.(MD)Nos.4043 and 4047 of 2021 etc., batch dated 09.11.2022. The said submission is recorded.

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Heard, the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Carefully perused the materials available on record.

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W.P.(MD).No.2045 of 2024

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Regarding the said submissions of the learned Government Advocate,

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this Court is of the considered view that having accommadated the petitioner's name in serial No.2 in the promotion list as per the crucial date on 15.03.2022, the respondent ought to have promoted to the petitioner while implementing the aforesaid orders passed by this Court.

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Hence, this Court hereby direct the repondents to promote the

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petitioner as Village Administrative Officer with effect from 18.01.2024. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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Accordingly, this Writ Petition stands allowed. No costs.

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20.02.2024

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NCC : Yes / No Index : Yes / No Internet : Yes Sml

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W.P.(MD).No.2045 of 2024

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1.The District Collector, Ramanathapuram District.

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2.The District Revenue Officer, Ramanathapuram District.

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3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

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W.P.(MD).No.2045 of 2024

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L.VICTORIA GOWRI, J.

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Sml

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W.P.(MD).No.2045 of 2024

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20.02.2024

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Mayalagu.K v. The District Collector

Case brief

What is this about?

What did the court decide?

Mayalagu.K v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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