IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.04.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.Nos.11438, 11439 of 2009, 11501 to 11509 of 2009, 17199 to 17201 of 2009 and 21808 & 22927 of 2010 Tmt. T.Padmavathi ... Petitioner in W.P.No.11438 of 2009 B.Suseel Kumar ... Petitioner in W.P.No.11439/09 M.S.Ponmala ... Petitioner in W.P.No.11501/09 R.Prabhavathi ... Petitioner in W.P.No.11502/09 Anbukani ... Petitioner in W.P.No.11503/09 A.Swaminathan ... Petitioner in W.P.No.11504/09 K.M.Karthikeyan ... Petitioner in W.P.No.11505/09 B.Sivaharini ... Petitioner in W.P.No.11506/09 B.Vimala ... Petitioner in W.P.No.11507/09 M.Sarojini ... Petitioner in W.P.No.11508/09 S.Kurinjiselvam ... Petitioner in W.P.No.11509/09 K.Suganthi ... Petitioner in W.P.No.17199/09 M.Raji ... Petitioner in W.P.No.17200/09 K.P.Selvaraj ... Petitioner in W.P.No.17201/09 K.Ramu ... Petitioner in W.P.No.21808/10 P.Sakthivel P.Shanmuganathan ... Petitioner in W.P.No.22927/10 Vs. 1. The Secretary to Government, Commercial Taxes Department, Fort St.George, Chennai-600 009. 2. The Principal Secretary and Commissioner of Commercial Taxes, Chepauk, Chennai – 600 005. 3. The Secretary to Government Personnel & Administrative Reforms Department, Fort St.George, Chennai-600 009. ..R1 to R3 in 11438, 11439, 11501 to 11509, 17199 to 17201/2009 and 22927/2010 4. S.Vijayakumar 5. R.S.Viswanathan 6. R.Gnanaprakasan 7. P.Sitrarasu 8. P.Kasiviswanathan .. RR 4 to 8 in W.P.No.11438 of 2009 https://hcservices.ecourts.gov.in/hcservices/ (R4 to R8 impleaded as per order of this Court dated 15.07.2009) The Secretary Tamil Nadu Public Service Commission Omandurar Government Estate, Anna Salai, Chennai R.Shanmughanathan P.Sakthivel P.Elango A.Jothinathan ... RR 4 to 8 in W.P.Nos.17199 to 17201/2009 1 THE PRINCIPAL SECRETARY TO ] GOVERNMENT COMMERCIAL TAXES AND REGISTRATION DEPARTMENT SECRETARIAT CHENNAI-9. 2 THE PRINCIPAL COMMISSIONER / COMMISSIONER OF COMMERCIAL TAXES EZHILAGAM CHEPAUK CHENNAI-5. 3 JOINT COMMISSIONER (LEGAL)/ PUBLIC INFORMATION OFFICER O/O. THE PRINCIPAL COMMISSIONER / COMMISSIONER OF COMMERCIAL TAXES EZHILAGAM CHEPAUK CHENNAI-5. ... R1 to R3 in W.P.No.21808/2010 Petitions presented to issue a Writ of Mandamus,(i) directing the 1st and 2nd respondents to fix the inter-se seniority between the directly recruited Commercial Tax Officers (now re-designated as Assistant Commissioner) and the promotees to the post of Deputy Commissioner (Commercial Tax) as per Commercial Tax Special Rules and G.O. Ms.No.53(in W.P.Nos.11438, 11439 of 2009) G.O.Ms.No.30 (in W.P.Nos.11501 to 11509 of 2009) respectively Commercial Taxes (E) Department dated 15.5.2002 and 21.3.2003 respectively. (ii)certiorarified Mandamus calling for the records of the first respondent relating to G.O.Ms.No.91 Commercial Taxes and Registration (E1) Department dt.3.7.2009 and the consequential G.O.Ms.No.93 Commercial Taxes and Registration (E1) Department dt.3.7.2009 and quash the same and consequently direct the first and second respondents to fix the Inter-Se Seniority at the Level of Deputy Commercial Tax Officer (re-designated as Commercial Tax officer) and Commercial Tax Officer (re-designated as Assistant Commissioner) following the Special Rules for the Tamilnadu Commercial Tax Services and the relevant Government Orders and thereafter to make promotions to the cadre of Deputy Commissioner (CT) within a stiputlated time as https://hcservices.ecourts.gov.in/hcservices/ may be fixed this Court. (in W.P.Nos.17199 to 17201 of 2009) WP NO.21808/2010 : Petition presented under Article 226 of constitution of India, praying to issue a writ of certiorarified Mandamus, Calling for the records of the proceedings of the third respondent issued in Letter No. Acts Cell 1/36993/2009 dated 21.01.2010 and quash the same with consequential direction directing the respondents to fix the petitioner seniority in the higher categories of Deputy Commercial Tax Officer Commercial Tax Officer, Assistant Commissioner, Deputy Commissioner and Joint Commissioner based on the inter-se seniority list of Assistant Commercial Tax Officers published by the Proceedings of the Second Respondent in Proc.No.P1/58439/2007 dated 04.05.2009 finalized in pursuance to the order of the Honble Supreme Court order in Contempt Petition No.263 of 2007 in Civil Appeal No.1454 of 1987 dated 04.03.2009 and to grant national promotions by extending all consequential benefits including monetary benefits within time frame. W.P.No.22927/2010: Petition presented under Article 226 of the Constitution of India to issue a wirt of Mandmus, directing the respondents to fix the seniority of the petitioners in the permanent categories of Deputy Commercial Tax Officer (now re-designated as Commercial Tax Officer) Commercial Tax officer (now re-designated as Assistant Commissioner) Assistant Commissioner (now re-designated as Deputy Commissioner) and Deputy Commissioner (now re-designated as Joint Commissioner) based on the inter-se seniority list of Assistant Commercial Tax Officer dt 4.5.2009 and to confer all the consequential benefits as per orders of the Supreme Court of India in Contempt Petition No. 263 of 2007 in C. A. No. 1454 of 1987 dt 4.3.2007 including monetary and service benefits Mr.C.Selvaraj SC for Mr.C.S.Saravanan, Advocate : for the petitioner in W.P.Nos.11438, 11439, 11501 to 11509/2009 Mr.V.Ravikumar : for the petitioner in W.P.Nos.21808 & 22927/2010 Mr.A.Thayaparan, Advocate : for the Petitioner in W.P.Nos.17199 to 17201/2009 Mrs.Pushpa Menon, Advocate : for the Respondents 1 to 3 in all the petitions. https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E R The petitioners in these writ petitions have approached this Court with the prayer for issuance of writ in the nature of Mandamus, directing the 1st and 2nd respondents to fix the inter-se seniority between the directly recruited Commercial Tax Officers (now re- designated as Assistant Commissioner) and the promotees to the post of Deputy Commissioner, (Commercial Tax) as per Commercial Tax Special Rules and G.O.Ms.No.53 Commercial Taxes (E) Department, dated 15.05.2002. 2. Before approaching this Court, the petitioners made representation to the State Government for grant of the relief claimed. 3. Learned counsel for the petitioners contends that till date, no decision has been taken by the respondents on the representation filed by the petitioners. 4. Learned counsel for the respondents, on that other hand, states that seniority list was under challenge before this Court, wherein, operation of impugned order was stayed, therefore, it was not possible to take a decision on the representation filed by the petitioners. 5. This Court has dismissed the writ petitions, challenging fixation of seniority by the State Government. Consequently, there is no impediment in deciding the representation filed by the petitioners. 6. These writ petitions are, accordingly, disposed off by directing the respondents 1 and 2 to take a final decision on the representation filed by the petitioners within a period of two months of the receipt of certified copy of this order. The respondents are further directed to pass a detailed speaking order on the representation. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, Commercial Taxes Department, Fort St.George, Chennai-600 009. 2. The Principal Secretary and Commissioner of Commercial Taxes, Chepauk, Chennai – 600 005. 3. The Secretary to Government Personnel & Administrative Reforms Department, Fort St.George, Chennai-600 009. 4. The Secretary, Tamil Nadu Public Service Commission, Omandurar Government Estate, Anna Salai, Chennai. 5. The Principal Secretary to Government, Commercial Taxes and Registration Department, Chennai-9. 6. The Principal Commissioner/ Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-5. 7. The Joint Commissioner (Legal) Public Information Officer, O/o the Principal Commissioner Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-5. 1 cc to Mr.C.S.Saravanan, Advocate, Sr.No.24434 1 cc to Spl.Government Pleader,(Taxes) Sr.No.24914 3 cc to Mr.A.Thayaparan, Advocate, Sr.No.25145,25144,25143 3 cc to Mr.V.Ravikkumar, Advocate, Sr.No.24365, 24363, 24362 W.P.Nos.11438, 11439 of 2009, 11501 to 11509 of 2009, 17199 to 17201 of 2009 and 21808 & 22927 of 2010 KSJ & BK {CO} TP/12.5.2011. https://hcservices.ecourts.gov.in/hcservices/