1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13086 of 2011 M.Devarajan .. Petitioner Vs. The District Collector, Dindigul District, Dindigul. .. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus calling for records of the respondent relating to R.O.C.No.20965/2011/A1 dated 03.11.2011 and quash the same and consequently direct the respondent to include the name of the petitioner in the approved list of Tahsildars of the year 2011 according to his feeder category seniority and promote him as Tahsildar according to his turn within a specified time frame. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.B.Pugalendhi Special Government Pleader. O R D E R This Writ Petition has been filed by the petitioner M.Devarajan under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus calling for records of the respondent relating to R.O.C.No.20965/2011/A1 dated 03.11.2011 and quash the same and consequently direct the respondent to include the name of the petitioner in the approved list of Tahsildars of the year 2011 according to his feeder category seniority and promote him as Tahsildar according to his turn within a specified time frame. 2. Heard Mr.S.Visvalingam, learned Counsel for the petitioner and Mr.B.Pugalendhi, learned Special Government Pleader, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The learned Counsel for the petitioner submits that the petitioner was appointed as Junior Assistant and joined duty on 07.01.1983 in the office of the Assistant Public Prosecutor Grade I, Pudukottai. Subsequently, he was also absorbed in the Revenue Department in the light of G.O.996 P&AR dated 22.09.1984. Subsequently by giving his option, he joined in the office of the Special Tahsildar (Adi-Dravidar Welfare) Unit No.I, Dindigul as Special Revenue Inspector on 15.11.1985. In the approved list of the Assistants for the year 1989, his name was included and subsequently, the approved list of Deputy Tahsildars for the year 2007 also, his name was included. 5. Thereupon, while he was serving as Deputy Tahsildar, he suffered departmental proceedings initiated under Rule 17-a of the Tamil Nadu Cviil https://hcservices.ecourts.gov.in/hcservices/ 2 Services (Discipline and Appeal) Rules. The petitioner on receipt of the charge memo dated 30.09.2008, submitted his explanation. Finally, after the completion of the enquiry, the disciplinary authority found him guilty of the alleged charges that has been proved against the petitioner and imposed a punishment of stoppage of increment for a period of three months without cumulative effect. Against the above said order, the appeal filed by the petitioner was dismissed and thereafter, the petitioner did not prefer any revision. As a result, the order of punishment of stoppage of increment for three months without cumulative effect came to be over on 30.09.2009. 6. Therefore, the case of the petitioner is that when the petitioner, as on 01.10.2009, is keeping his records clean and when the respondent prepared the list of Tahsildars for the year 2011 by taking crucial date as 01.07.2011, as there is no currency of punishment on the crucial date, his name should have been included. But without including his name, the approved list of Tahsildars of the years 2011 was prepared. As a result, the petitioner has come up before this Court. 7. Therefore, the only point made by the learned Counsel for the petitioner is that there is no embargo or impediment in including the petitioner's name in the seniority list of Tahsildar for the year 2011. In view of the Ruling of Full Bench decision in in The Deputy Inspector General of Police, Thanjavur Range, Thanjavur and Another Vs. V.Rani reported in 2011(3) CTC 129, it was contended that the reasoning given by the District Collector in the impugned order dated 03.11.2011 that since the punishment has been awarded on 30.09.2008, he has to meet the check period of 5 years is liable to be set aside, as it is running contrary to the Judgment of this Court mentioned supra. 8. The learned Special Government Pleader appearing for the State states that if the case of the petitioner as mentioned by the learned Counsel for the petitioner that he has completed his only punishment of stoppage of increment for three months without cumulative effect on 30.09.2009 and there is no other impediment and if there is no currency disciplinary proceedings or currency of punishment running against the petitioner, the case of the petitioner would be considered as per the Ruling of the Full Bench judgment as mentioned supra. 9. The submission of the learned Special Government Pleader is recorded. 10. Admittedly, it is not disputed by the petitioner that he suffered punishment of stoppage of increment for three months without cumulative effect by order dated 24.06.2009 and that punishment also has been served by the petitioner till 30.09.2009, thereafter he is not facing any disciplinary proceedings. Since the crucial date is 01.07.2011 and on the crucial date, the petitioner has no currency of punishment, I have no hesitation to hold that the petitioner's name should be considered in the list of Tahsildar for the year 2011. 11. In such view of the matter, the impugned order is liable to be interfered and accordingly, the impugned order is set aside and the writ petition is allowed by giving a direction to the respondent to consider and pass appropriate order in terms of the Full Bench decision mentioned as supra. The said exercise shall be done within a period of eight weeks from https://hcservices.ecourts.gov.in/hcservices/ 3 the date of receipt of a copy of this order. No cots. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To The District Collector, Dindigul District, Dindigul. +1. CC to the Special Government Pleader, SR.No. 40341 ssl W.P(MD)No.13086 of 2011 17.11.2011 TR : 19.12.2011: 3p/3c https://hcservices.ecourts.gov.in/hcservices/