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2012 DIGILAW 454 (MAD)

S. Ramabadran v. Director of Town Panchayat

2012-01-30

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this court with the prayer for issuance of writ in the nature of Certiorari, to quash the order dated 3.6.2000 vide which the representations filed by the petitioner for fixation of his seniority in the Tanjavur District stands declined. The petitioner also prays for issuance of a writ in the nature of mandamus, directing the respondents to place him in the seniority list of Tanjavur District and consequently grant him all consequential benefits arising on account of the fixation. 2. The petitioner was appointed in erstwhile unified Tanjavur District on 06.02.1970. In the year 1991, Tanjavur district was bifurcated into two districts, i.e. Tanjavur and Nagapattinam districts. The offers were invited from Government servants working in Tanjavur district, for their retention in the bifurcated Tanjavur district or to go to Nagapattinam district. 3. The case of the petitioner is that he opted for Tanjavur district, but inspite of his option, the respondents transferred the petitioner to Nagapattinam district in the year 1991. 4. The case of the petitioner was that inspite of transfer to Nagapattinam district, he had lien in Tanjavur district. The juniors to petitioner in Tanjavur district were promoted without considering the case of the petitioner. The petitioner therefore filed O.A.No.210 of 1999 in the learned Tamil Nadu Administrative Tribunal. In pursuance to the interim order granted by the learned Tribunal restraining the respondents from filling up the post of Executive Officer, Grade II, the petitioner was given temporary promotion as Executive Officer, Grade II at Nagapattinam district under the next below rule. 5. The petitioner thereafter was transferred back to Tanjavur district. 6. The case of the petitioner is that on transfer back to home district, he was entitled to be placed in seniority list in Tanjavur district in accordance with law from the date of his initial appointment in the Tanjavur district. 7. The petitioner accordingly filed number of representations for fixation of his seniority, but, no action was taken. 8. The petitioner also submitted representation for being promoted as Executive Officer as junior to petitioner stood promoted to the said post. This request of the petitioner was rejected, which forced the petitioner to file O.A.No.2628 of 2001 for fixation of seniority and for setting aside the order passed by the respondents. The application is still pending. 9. 8. The petitioner also submitted representation for being promoted as Executive Officer as junior to petitioner stood promoted to the said post. This request of the petitioner was rejected, which forced the petitioner to file O.A.No.2628 of 2001 for fixation of seniority and for setting aside the order passed by the respondents. The application is still pending. 9. Counter has not been filed, therefore facts stated hereinabove to go unrebutted. 10. Once it is admitted that at the time of bifurcation of Tanjavur district into two district, the petitioner had opted for Tanjavur district and was wrongly sent to Nagapattinam district against his wishes. The petitioner continued to be in the cadre of Tanjavur district and his transfer was to be treated to be on deputation. 11. It is not disputed that when the petitioner approached the Tamil Nadu Administrative Tribunal and on grant of interim order in favour of the petitioner and he was given temporary promotion under next below rule, by treating him to be in the cadre of Tanjavur district, the petitioner was also transferred back to his parent department. transferred back to parent department, i.e. Tanjavur district. 12. The petitioner on being sent back to Tanjavur district, was entitled seniority from the date of his initial appointment with all consequential benefits. There is no justification with respondents to decline the claim of the petitioner for fixation of seniority. 13. Consequently, this writ petition is allowed. A writ in the nature of mandamus is issued directing the respondents to fix seniority of the petitioner from the date of his initial appointment and thereafter consider and grant him consequential benefits of promotion from the date of his juniors were promoted, in case he is found eligible for promotion, he be given notional promotion with consequential benefits, as the petitioner stands retired from service. No costs.