GOVERNMENT OF TAMIL NADU Vs. M VARADARAJAN

JUDGEMENT

(1.) This writ appeal has been preferred by the appellants, who were the respondents in the writ petition in W.P.No.6811 of 2007, being aggrieved against the order of the learned single Judge, by which, the said writ petition filed by the respondent herein was allowed in part.

(2.) The respondent herein was initially working as Inspector of Survey and Land Records in Villupuram District. The second appellant sent a proposal to the first appellant for the inclusion of the name of respondent in the panel of Assistant Director of Survey and Land Records for the year 1999-2000. While the said proposal was under consideration of the first appellant, the second appellant, in and by the proceedings dated 28.11.2000, transferred and posted the respondent to Kanyakumari District and ordered to hold full additional charge as Assistant Director of Survey and Land Records, Nagercoil(I/c).

(3.) In the said order passed by the first appellant/first respondent, it has been stated that the respondent/writ petitioner would assume temporarily full additional charge of the post of Assistant Director of Survey and Land Records, to the Kanyakumari District. Thereafter, the respondent/petitioner was holding the additional charge for the post of Assistant Director of Survey and Land Records, Nagercoil, from 08.12.2000 to 31.10.2001. In the Government Order passed in G.O.Ms.No.471, Revenue Department, dated 06.11.2001, the name of the respondent was also included in 1999-2000 panel as fit for appointment for the post of Assistant Director of Survey and Land Records. Unfortunately, as the respondent got superannuated on 31.10.2001, he was not promoted to the post of Assistant Director of Survey and Land Records, as the said event occurred prior to the issuance of the said Government Order. Thereafter, the respondent has filed the writ petition seeking a writ of Certioraririfed Mandamus directing the respondents to quash paragraph 4 of the second respondent's proceedings dated 28.11.2000 with consequential direction to the respondents to regularise his appointment as Assistant Director of Survey and Land Records with effect from 08.12.2000. The consequential relief of monetary benefits including higher pensionary benefit was also sought for.