R ARUNACHALAM Vs. DISTRICT COLLECTOR DISTRICT

JUDGEMENT

(1.) THIS writ petition is filed seeking for the issuance of a writ of certiorarified mandamus to call for the records of the fourth respondent relating to the order, dated 11.7.2002 passed in T.A.No.531/93 (W.P.No.10861/1986) and that of the third respondent in G.O.Ms.No.162, Revenue, dated 12.2.1986, quash the same and issue consequential direction to the respondents to include the names of the petitioners herein in the panel of Deputy Tahsildars of Salem District for the year 1975 by applying the rule of communal rotation and rule of reservation and grant consequential service and monetary benefits including higher pensionary benefits.

(2.) ORIGINALLY, the petitioners filed W.P.No.10861 of 1986 seeking for a direction to include their names in the panel of Deputy Tahsildars of Salem District for the year 1975 and to quash the proceedings of the third respondent in G.O.Ms.No.162, Revenue Department, dated 12.2.1986, by which the Government rejected the revision petition filed by the petitioners. The said writ petition was subsequently transferred to the fourth respondent Administrative Tribunal and numbered as T.A.No.531 of 1993. The Tribunal rejected the claim of the petitioners and dismissed the said T.A. by the order, dated 11.7.2002, on the ground that the reopening of the concluded case will lead to complications, as there was inaction on the part of the petitioners immediately after the earlier rejection.

(3.) ON a consideration of the materials placed on record, we find that though initially the claim of the petitioners was rejected by the respondents in the year 1975, they filed an appeal, which was rejected on 06.10.1976, and thereafter, they filed a revision, which was also rejected by the Government by issuing G.O.Ms.No.1631, Revenue Department, dated 22.8.1977. In the meantime, positive direction came to be issued in a similar writ petition in W.P.875 of 1978 which was disposed of on 28.10.1980, and in pursuance thereof, the petitioners filed a second revision before the third respondent in the year 1981. Thereafter, on 13.6.1983, the Special Commissioner Land Revenue recommended the names of the petitioners for inclusion in the panel of Deputy Tahsildars for the year 1975. As the said recommendation was pending consideration before the Government and suitable orders were not passed by the Government, the petitioners filed writ petition in W.P.No.3681 of 1985 seeking for a direction to pass orders on the revision petition filed by them. The writ petition was disposed of on 16.4.1985 with a direction to the Government to dispose of their revision on or before 30.6.1985. The Government, instead of disposing of the said revision, as directed by the High Court, sought for further extension of time thrice to enable them to dispose of the matter on the ground that they have been contemplating amendment of the rules. Ultimately, the Government rejected it by the order, dated 12.2.1986, which was impugned in W.P.No.10861 of 1986.