Saravanan J Vs The State of Tamil Nadu

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a writ of Mandamus, directing the 2^nd respondent to refix the petitioner's seniority in the post of Junior 1

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Assistant and subsequently to place the name of petitioner in appropriate promotion panel to the post office Superintendent by considering the petitioner's representation, dated 12.08.2024.

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For Petitioner : Mr.S.Ramanathan

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For Respondents : Mr.S.Vinoth Government Advocate

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O R D E R

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This writ petition is filed seeking a direction to the second respondent to re-fix the petitioner's seniority in the post of Junior Assistant and subsequently to place the name of the petitioner in appropriate promotion panel to the post of Office Superintendent by considering the petitioner's representation dated 12.08.2024.

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2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

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3. The case of the petitioner is that he was appointed as Junior Assistant on 24.02.2010. He completed his departmental tests. The

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petitioner's service was regularized on 01.04.2014 with effect from 24.02.2010. His probation was declared on 19.09.2020 with effect from 05.12.2015.

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4. The grievance of the petitioner is that due to inordinate delay in regularizing his service and declaring probation, he totally lost opportunities from getting promotion to the next level post on time. Finally, he was promoted as Assistant on 25.04.2023 after a lapse of 13 years. He joined on 01.06.2023 after completing all the departmental procedures. The learned counsel for the petitioner submits that the actual promotion to the post of Assistant for the petitioner is in the panel year 2012-2013 and due to the inordinate delay made by the respondents, he was promoted in the year 2017. On 21.11.2016, the second respondent called for clearance report on seniority list, prepared panel for promotion to the post of Assistant for the year 2016-2017, in which the petitioner's name was placed in serial No.156 and he was placed below his junior, who was joined after him for the post of Junior Assistant.

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5. While the petitioner was waiting for re-fixing of his seniority and for inclusion of his name in the subsequent promotion panel for the post of Office Superintendent, to his shock and surprise, on 22.12.2022, the second respondent called for the details of the Assistants to draw the promotional panel for the year 2022-2023 to the post of Office Superintendent, wherein the petitioner's name was not included. Aggrieved by the same, the petitioner sent a representation to the second respondent through the third respondent to include his name in the promotion panel year 2022-2023 by re-fixing the seniority for the post of Junior Assistant vide representation, dated 12.08.2024.

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6. Without considering the same, the second respondent passed promotion order dated 02.08.2024 for the panel year 2024-2025 and the juniors of the petitioner were promoted ignoring the petitioner. The learned counsel for the petitioner submits that from the beginning the respondents have been postponed to consider the seniority issue discriminatively, which has adversely violated the fundamental rights of the petitioner being considered for promotion. Having no other option, the petitioner approached this Court by filing this writ petition.

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7. Mr.Vinoth, learned Government Advocate submits that the claim of the petitioner to re-fix his seniority by considering his representation dated 12.08.2024 will be considered in due course in accordance with law.

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8. Having heard the submissions of the respective counsels and on perusing the materials available on record, it appears that because of the administrative delay of the respondents, from the beginning the petitioner is suffering. There is no dispute on that fact. Without considering the claim of the petitioner to re-fix his seniority in the post of Junior Assistant, the respondents issued promotion order for the panel year 2024-2025, wherein the juniors of the petitioners were promoted and the same promotion is denied to the petitioner. Action of the respondents in not considering the claim of the petitioner in his representation dated 12.08.2024 is to be declared as unreasonable.

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9. Considering the facts and circumstances of the case, with consent of both sides, this writ petition is disposed of with a direction to

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the second respondent to re-fix the seniority of the petitioner in the post of Junior Assistant and subsequently place him in the appropriate promotional panel to the post of Office Superintendent by considering his representation dated 12.08.2024 within a period of four weeks from the date of receipt of a copy of this order.

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There shall be no order as to costs.

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21.04.2025

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Index : Yes / No Internet : Yes / No NCC : Yes / No SN

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W.P(MD)No.10223 of 2025