Madras High Court
S.Senthilkumar vs The District Collector on 6 October, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P(MD)No.18219 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.18219 of 2021
S.Senthilkumar ... Petitioner
Vs.
1.The District Collector,
Sivagangai,
Sivagangai District.
2.The Director / Commissioner,
Administration of Panchayat Unions,
MRC Nagar,
Raja Annamalaipuram,
Chennai – 600 028.
3.The Zonal Assistant Director,
Panchayat Union Zonal Assistant Director Office,
Sivagangai,
Sivagangai District.
4.The Executive Officer,
Selection Grade Panchayat Union Office,
Singampuneri,
Sivagangai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents 2
and 4 herein to add the petitioner's name in the 15th place of integrated seniority
list published by the 4th respondent as per his appointment date i.e., 01.05.2007
and to remove the wrong entry about appointment date of the petitioner as
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15.02.2019 and a wrong entry made as the petitioner's place is 17th in the 4th
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W.P(MD)No.18219 of 2021
respondent integrated seniority list in the light of the petitioner's representations
dated 15.07.2021 and 26.07.2021 respectively within a stipulated time as fixed
by this Court.
For Petitioner : Mr.S.Muthukumar
For Respondents : Mr.A.K.Manikkam,
Standing Counsel for State.
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 2 and 4 herein to add the petitioner's name in the 15th place of integrated seniority list published by the 4th respondent as per his appointment date i.e., 01.05.2007 and to remove the wrong entry with regard to the appointment date of the petitioner as 15.02.2019 and a wrong entry made as the petitioner's place is 17th in the 4th respondent integrated seniority list, based on the petitioner's representations dated 15.07.2021 and 26.07.2021 respectively within a stipulated time as fixed by this Court.
2. Heard, the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
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4.According to the petitioner, he is working as a Sweeper in the 4th respondent Office. The integrated seniority list was published by the fourth respondent and in the said list, the petitioner's name was mentioned in the 17th place. In fact, the petitioner's seniority has to be originally placed in the 15th place. Now, the petitioner came to know that the petitioner's name was placed in 17th place by wrongly taking into account his joining duty as 15.02.2019 instead of 01.05.2007. Therefore, he made representations dated 15.07.2021, 26.07.2021 & 27.09.2021 to the respondents for necessary modification in the seniority list. However, the said representations are still pending and no orders were passed till date. The petitioner seeks an appropriate direction to the respondents and therefore, he has come forward by way of the present Writ petition before this Court.
5.The learned counsel for the petitioner would submit that the respondents may be directed to consider the petitioner's representation dated 26.07.2021 in accordance with law.
6.The learned Standing counsel appearing for the respondents would submit that the petitioner's representation would be duly considered and appropriate orders will be passed in accordance with law.
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7. Considering the submissions made by the learned counsel on either 3/6 W.P(MD)No.18219 of 2021 side and also considering the limited scope of prayer as sought by the petitioner, this Court, without expressing any opinion on merits, directs the fourth respondent to consider the petitioner's representation dated 26.07.2021 on merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.
8.With the above direction, the writ petition is disposed of. No costs.
06.10.2021
Index : Yes / No
Internet : Yes/ No
dn
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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1.The District Collector, Sivagangai, Sivagangai District.
2.The Director / Commissioner, Administration of Panchayat Unions, MRC Nagar, Raja Annamalaipuram, Chennai – 600 028.
3.The Zonal Assistant Director, Panchayat Union Zonal Assistant Director Office, Sivagangai, Sivagangai District.
4.The Executive Officer, Selection Grade Panchayat Union Office, Singampuneri, Sivagangai District.
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