IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.38141 OF 2006 R.Krishnasamy .. Petitioner Vs. 1. State of Tamil Nadu Rep. by its Secretary, Rural Development Department, Fort St. George, Chennai-9. 2. The Director of Rural Development, Panagal Buildings, Saidapet, Chennai-15. .. Respondents PRAYER : Original Application No.8792 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondents to include the name of the applicant in the list of Assistant Director of Panchayat fit for promotion to the post of Joint Director of Rural Development for the year 1998-1999 published by the first respondent in G.O.(4D)No.19 Rural Development dated 23.09.1998 and place the applicant in the appropriate place over and above his juniors and promote him from the date of his juniors promoted as Joint Director of Rural Development and to pay all other consequential benefits accrued thereon same. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.B.Vijay Government Advocate O R D E R Original Application No.8792 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondents to include the name of the applicant in the list of Assistant Director of Panchayat, fit for promotion to the post of Joint Director of Rural Development for the year 1998-1999 published by the first respondent in G.O.(4D)No.19 Rural Development dated 23.09.1998 and place the applicant in the appropriate place over and above his juniors and promote him from the date of his juniors promoted as https://hcservices.ecourts.gov.in/hcservices/ Joint Director of Rural Development and to pay all other consequential benefits accrued thereon same. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2.Charges were framed against the petitioner based on certain audit objections, in relation to discharge of his duties during the period of 1992-1993, while he was working as Assistant Director of Panchayat in Madurai. He became eligible for promotion to the post of Joint Director of Rural Development. The first respondent by G.O.4(D) No.19, Rural Development dated 23.9.1998, approved a list of persons, fit for promotion to the post of Joint Director of Rural Development. But the name of the petitioner did not find place. Aggrieved thereby the Original Application has been filed and renumbered as writ petition. 3.Thereafter, the petitioner made a representation to the Collector, for inclusion of his name in the list, stating that the disciplinary proceedings based on audit objections, has already been withdrawn and therefore, he should be considered and his name should be included in the panel for promotion to the post of Joint Director of Rural Development for the year 1998-1999. The Collector in turned recommended the case of the petitioner to the Government in his proceedings Roc.No.R1/1729/98-2 dated 20.7.1998. The Collector has clearly stated that the case of the petitioner for inclusion of his name in the panel for promotion to the post of Joint Director of Rural Development for the year 1998-1999 can be considered on the basis of the subsequent event. 4.As requested by the counsel for the petitioner, the petitioner is entitled to make further representation along with a copy of this order and the Government shall consider the case of the petitioner based on the recommendations of the District Collector and pass appropriate orders on merits within three months from the date of receipt of such representation. 5.The writ petition stand disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ vsm To 1. The Secretary, Government of Tamil Nadu, Rural Development Department, Fort St. George, Chennai-9. 2.The Director of Rural Development, Panagal Buildings, Saidapet, Chennai-15. W.P. NO.38141 of 2006 rj(co) sra 26.02.2010 https://hcservices.ecourts.gov.in/hcservices/