IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 1.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.13772 of 2006 K.Maruthamuthu. ... Applicant/Petitioner -Vs.- 1.The Special Commissioner and Commissioner for Revenue Administration, Ezhilagam, Chepauk, Madras-600 005. 2.The District Collector, Collectorate, Cantonment, Trichy-1. ... Respondents Original Application No.31 of 1993 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the second respondent in connection with the order passed by him in his proceedings Mu.Mu.36368/92 dated 28.10.1992 and quash the same and direct the respondents to include the name of the applicant in the list of Deputy Tahsildhar notified by the second respondent in his proceedings Pd 1.A2/701/91 dated 27.3.1992 in the appropriate place treating his community as Most Backward Class Community, namely, 'Ambalakarar' with effect from the date of promotion given to the candidate junior to him under the quota prescribed for the Most Backward Class Community by issuing a Writ of Certiorarified Mandamus. Since the Tamilnadu Appellate Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.R.Singaravelan For respondents : Mr.S.Sivashanmugham, Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R Original Application No.31 of 1993 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the second respondent in connection with the order passed by him in his proceedings Mu.Mu.36368/92 dated 28.10.1992 and quash the same and direct the respondents to include the name of the applicant in the list of Deputy Tahsildhar notified by the second respondent in his proceedings Pd 1.A2/701/91 dated 27.3.1992 in the appropriate place treating his community as Most Backward Class Community, namely, 'Ambalakarar' with effect from the date of promotion given to the candidate junior to him under the quota prescribed for the Most Backward Class Community by issuing a Writ of Certiorarified Mandamus. Since the Tamilnadu Appellate Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. Petitioner claims that he belongs to the community of 'Ambalakarar' a Most Backward Community. Consequently, he claims certain service benefits. 3. Similar claims were urged by Government Employees before the Tamil Nadu Administrative Tribunal and the Tamil Nadu Administrative Tribunal by its order dated 2.7.1993 in O.A.Nos.2307, 2334, 2335, 2459, 4981 and 5773 of 1992 issued certain directions after considering the G.O.No.59991 dated 12.9.1988 and the relevant portion of the order reads as follows:- "In G.O.No.59991/Per.S/87-7, dated 12.9.88 the Government have decided that the Government servant whose community has been reclassified as Backward/Scheduled Caste/Scheduled Tribe be given the benefits of the change of the community in cases where the competent authority has decided to accept their request for the change from the date of receipt of the application by the immediate superior officer of the Government servant concerned." "Even if there are no entries in the Service Register if the individuals concerned have made representation for making entries, delay in taking action thereon should not result in denial of their rights. According to the applicants except in O.A.No.2459/92 relevant entries have been made in the Service Register. Even if such entries have not been made in accordance with the procedure prescribed and in https://hcservices.ecourts.gov.in/hcservices/ force at that time, the entries would indicate that the individual has taken action to bring to the notice of the authorities the relevant facts and therefore the entries should be acted upon unless it is found that they are not correct. The Commissioner for Revenue Administration is directed to pass orders on the representations in all the cases without further delay. Such delay leads to denial of rights of the individuals, if his claims are found to be justified, to the extent of postponement of recognition of such right. That also results in avoidable financial commitment to Government because in such cases the individuals promotion will take effect from the date on which his immediate junior was promoted. It is therefore necessary that the delays in such matters are avoided. The delays in all matters is inexcusable, when such delay would result in denial of what is due to the individual and also cause avoidable financial commitment to the Government, it is all the more necessary that the administrative authorities should prompt in taking action." 4. Present applicant/petitioner now seeks a direction from this Court to make a representation on par with the directions issued by the Administrative Tribunal in the cases cited above so as to enable him to get certain benefits post retirement if considered favourably. 5. Heard Mr.S.Sivashanmugham, learned Government Advocate, who submitted that as far as the earlier cases are concerned, there is no report as to what happened, but, however, they will consider the case of the petitioner on its own merits keeping in mind the decision of the Tribunal cited above. 6. The Administrative Tribunal in the order passed in O.A. batch referred to above, has directed the Commissioner of Revenue Administration to consider the representation with regard to certain benefits in the event of reclassifying the persons in a different community from the one in which he entered service. That decision is left to the discretion of the Government based on the Government Orders which have been referred to in the order in O.A.Nos.2307 of 1992 batch. 7. In view of the above decision of the Tribunal, the applicant/petitioner is at liberty to make a representation https://hcservices.ecourts.gov.in/hcservices/ enclosing the copy of the order of the Tribunal referred to above. The Government or the appropriate authority shall consider the same on merits and pass suitable orders within a reasonable period of time preferably within three months of such representation. The Writ petition is disposed off accordingly. No cost. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Special Commissioner and Commissioner for Revenue Administration, Ezhilagam, Chepauk, Madras-600 005. 2.The District Collector, Collectorate, Cantonment, Trichy-1. +1cc to Govt. Pleader Sr 6103 +1cc to Mr.R.Singgaravelan, Advocate Sr 5664 LA(CO) km/11.2. W.P.No.13772 of 2006 https://hcservices.ecourts.gov.in/hcservices/