Madras High Court
N.Praveena Mary vs The Secretary To Government on 21 December, 2015
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.(MD)No.22994 of 2015
N.Praveena Mary ...Petitioner
Vs
1.The Secretary to Government,
Revenue Department, Secretariat,
Chennai-600 009.
2.The Additional Chief Secretary &
Commissioner of Revenue Administration,
Ezhilagam, Chepauk,
Chennai-600 005.
3.The District Collector,
Pudukottai District,
Pudukottai. ...Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus directing the second respondent i.e., the
Commissioner of Revenue Administration, Chennai to send proposals to the
first respondent i.e. the Secretary to Government, Revenue Department,
Chennai for passing appropriate orders on the letter Na.ka.555/2015/A2 dated
09.10.2015 sent by the District Collector, Pudukottai regarding counting of
period of five years of service in respect of the petitioner for inclusion in
the Deputy Tahsildars list within a specified time frame that may be fixed by
this Court.
!For Petitioner : Mr.S.Visvalingam
^For Respondents: Mr.J.Gunaseelan Muthiah,
Government Advocate
:ORDER
Since this writ petition lies in a narrow compass, the same is taken up for final disposal.
2.The petitioner is a directly recruited Assistant of the year 2009 in the Revenue Department. She joined duty in the Revenue Department on 23.12.2009. She passed the Revenue tests-Part I to III, Account Test-Part I and II, Criminal Judicial Test-Part I to III, within the crucial date, ie., 15.09.2015. She also underwent Survey Training and Bhavanisagar Training within the crucial date. She also served as Assistant for 2 years and 8 months both in the Collectorate and in the Taluk Office within the crucial date. She also completed 2 years service as Firka Revenue Inspector within the crucial date. Her grievance is that she is not included in the panel for promotion to the post of Deputy Tahsildars for the year 2015, on the sole ground that she was on maternity leave for 272 days. The said period of 272 days is not treated as service.
3.It is the case of the petitioner that the period of maternity leave shall be treated as service. Prima facie, I am of the view that the period of maternity leave sanctioned by the Government shall be treated as service for at least including her in the panel for the post of Deputy Tahsildars. If the said service period is added, then, she rendered 5 years, 8 months and 23 days. The required service is 5 years. By excluding the maternity leave, it is stated that the petitioner rendered 4 years, 11 months and 22 days.
4.Furthermore, it is the case of the petitioner that if 11 days E.L. from 18.08.2010 to 28.08.2010 during the probation period is taken into consideration for counting 5 years service, as per the instructions issued by the Commissioner of Revenue Administration by his letter dated 02.09.2013, she is eligible to be included in the panel.
5.In these circumstances, the second respondent has to get appropriate order in this regard from the first respondent to include the name of the petitioner in the panel for promotion to the post of Deputy Tahsildars for the year 2015 by taking into account the period of maternity leave as service or at least to take the E.L. period in between 18.08.2010 and 28.08.2010, as service.
6.In these circumstances, the writ petition is disposed of directing the second respondent to send appropriate proposals based on the aforesaid proposal of the first respondent, within a period of four weeks from the date of receipt of a copy of this order and the first respondent is directed to pass appropriate orders approving the proposal by including the name of the petitioner in the panel, in the said circumstances. No costs.
To
1.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Chennai-600 009.
2.The Additional Chief Secretary & Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Pudukottai District, Pudukottai. .