B VISHNUMATHY Vs. DISTRICT COLLECTOR VELLORE DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the above Writ Petition for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent in his proceeding Na.Ka.No.PA2.10661/2007, dated 12.8.2008 and quash the same and consequently direct the respondent herein to fix the seniority of the petitioner in accordance with Rule 20(b) of the Tamil Nadu Ministerial Service Rules, by placing the name of the petitioner in the seniority list of Assistant above Mr.Mohandas in the place of Mr.D.Subramanian and consequently give further promotion to the petitioner as Extension Officer with effect from the date on which the petitioner's juniors got promotion as Extension Officer with all monetary, seniority and other attendant benefits.

(2.) ACCORDING to the petitioner, she was initially appointed as Surveyor -cum -Draughtsman through Employment Exchange in 1983 and thereafter, pursuant to the Government Order in G.O.Ms.No.308, dated 11.6.1990 and G.O.Ms.No.1765, Revenue Department, dated 7.8.1990, she was appointed as Junior Assistant in the Rural Development Department as per the order of the District Collector, Tiruvannamalai District, dated 14.9.1990 and pursuant to the same, she joined as Junior Assistant in Rural Development Department in Tiruvannamalai District on 17.9.1990. While holding that post, she passed all the five tests in 1991 and completed Bhavani Sagar Training in 1998. Thereafter, she was promoted as Assistant on 16.8.1998 in Thiruvannamalai District.

(3.) IN that situation, the petitioner approached the respondent and it was informed by the respondent that her probation was not declared and ultimately, the Government declared her probation vide G.O.(1D).No.11, Rural Development and Panchayat Department, dated 18.1.2007 in the category of Junior Assistant with effect from 16.9.1992. The respondent ought to have revised the petitioner's seniority in the category of Assistant and placed her name above the name of Mr.Mohandas in the place of Mr.D.Subramanian. As the respondent did not take any action, the petitioner made representation on 30.5.2007 to the respondent requesting to fix the petitioner's seniority in the category of Assistant as per Rule 20(b) of the Tamil Nadu Ministerial Service Rules in the place of Mr.D.Subramanian, above the name of Mr.K.Mohandas and the same was kept pending and hence, the petitioner filed W.P.No.11058 of 2008 before this Court seeking for issuance of a Writ of Mandamus, to direct the respondent to fix her seniority in accordance with Rule 20(b) of the Tamil Nadu Ministerial Service Rules by placing the petitioner's name in the seniority list of Assistant above Mr.Mohandas in the place of Mr.D.Subramanian and consequently to give further promotion to the petitioner as Extension Officer with effect from the date on which the petitioner's juniors got promotion as Extension Officer with all monetary, seniority and other attendant benefits. The said Writ Petition was disposed of on 29.4.2008 holding that though the relief sought for in this Writ Petition is larger, the learned counsel for the petitioner confined his argument to the limited extent of directing the respondent to pass orders on the petitioner's representation dated 30.5.2007 expeditiously. Considering the said submission, this Court passed orders without going into the merits of case and directed the respondent to consider the representation dated 30.5.2007 and pass orders on merits and in accordance with law.