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2022 Supreme(Online)(MAD) 8895

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.06.2022 CORAM THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 3308 of 2017 and W.M.P. Nos. 3274 and 3275 of 2017

1. G.Balaji

2. G.Shasti Kumar 3. R.Pandeeswaran

4. K.J.Muruganathan

5. R.Ramesh

6. M.Shanmuga Priya

7. S.Deepa

8. S.Parvathi 9. D.Kavitha

10. M.Nallendran

11. D.Balasubramanian

12. N.Mouna Gurunathan

13. A.Baskaran 14. B.Aravinth

15.T.K.Suresh Kumar

16. R.Dilipnavagar

17. C.Radhakrishnan

18. T.S.Kumar

19. V.Santhosh Kumar

20. D.Prakash 21. D.Selvam

22. N.Thirumal Murugan

23. P.Kumar

24. A.Govindasamy

25. K.Hari Kumar

26. R.Sivakumar 27. P.Saravanan

28. C.Sakthivel

29. S.Chitra

30. M.Siva Kumar

31. S.Senthivel 32. R.Suganya

33. B.Nethaji

34. R.Gopinath

35. G.Kadher Hussain

36. P.Sankara Subbu

37. M.Manimala

38. P.Lalithaprasanna

39. A.Thenmozhi

40. L.Mathisoothanan 41. M.Rajesh Prabhu

42. K.Muthuraja 43. P.Mahendran

44. S.Sathish

45. K.Menaka 46. S.Jayamala

47. S.Muppidathi

48. M.Mohammad Hakkim

49. E.Dhakchayani Sangeetha

50. A.M.Maharifa

51. P.Rajasekar

52. G.Karuppannan

53. T.Purushothaman

54. G.Mahalakshmi

55. K.Ramya 56. D.Anitha

57. G.Thilagavathy … Petitioners -vs-

1. The Government of Tamilnadu Rep. by its Additional Chief Secretary Commercial Taxes Department Fort St. George, Chennai – 600 009.

2. The Commissioner of Commercial Taxes Office of the Commissioner of Commercial Taxes Ezhilagam, Chepauk, Chennai – 600 005.

3. P.Saroja ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents herein to prepare a seniority list for DCTOs for the year 2011 to 2017 in accordance with the principles laid down by this Court in W.P. No. 12786 of 1985 dated 19.06.1986 and as confirmed by the Hon'ble Supreme Court of India in C.A. No. 1454 of 1986 dated 10.02.1999 and reiterated by the division Bench of this Court in W.A. No. 2280 of 2011 dated 31.08.2016 and prepare regular panel for the years 2013 onwards for the promotion to the post of Commercial Tax Officers.

For Petitioners : Mr. K.Krishnamoorthy For Respondents : Mr. Richardson Wilson (For R1 & R2)

Additional Government Pleader

O R D E R

Heared Mr. K. Krishnamoorthy, Learned Counsel for the Petitioners and Mr. Richardson Wilson, Learned Additional Government Pleader appearing for the First and Second Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The Writ Petition has been filed for directing the First and Second Respondents to prepare a seniority list for Deputy Commercial Tax Officers for the year 2011 to 2017 in accordance with the principles laid down by this Court in the order dated 19.06.1986 in W.P. No. 12786 of 1985 as confirmed by the Hon'ble Supreme Court of India in the order dated 10.02.1999 in C.A. No. 1454 of 1986 and reiterated by the Division Bench of this Court in the order dated 31.08.2016 in W.A. No. 2280 of 2011 and prepare regular panel for the years

2013 onwards for the promotion to the post of Commercial Tax Officers.

3. Learned Additional Government Pleader appearing for the First and Second Respondents has brought to notice that in furtherance to the order dated 29.11.2021 in W.P. No. 10154 of 2021 and the order dated 08.12.2021 in W.P. No. 4785 and 10126 of 2021 passed by the Court, the Second Respondent by Proceedings No. CP3/1076204/2021 in 15.02.2022 had published the provisional seniority list and called for objections from the parties concerned.

4. Learned Counsel for the Petitioner contends that the said exercise carried out by the Respondents is not strictly in consonance with the earlier orders passed by the Court. In that event, it is for the Petitioners to place their objections in that regard before the concerned authorities and if they still have any grievance to be redressed, they are not precluded from working out their rights before the proper forum in the manner recognized by law.

5. In view of the aforesaid subsequent events, the relief sought by the Petitioner in the Writ Petition does not survive for consideration. Though obvious, it is made clear that no view has been expressed by this Court on the correctness or otherwise of the merits of the rival contentions of the parties concerned.

In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petitions are closed. No costs.

10.06.2022 Maya Index: Yes/No Note: Issue order copy by 22.06.2022.

To

1. The Additional Chief Secretary of Government of Tamil Nadu Commercial Taxes Department Fort St. George, Chennai – 600 009.

2. The Commissioner of Commercial Taxes Office of the Commissioner of Commercial Taxes Ezhilagam, Chepauk, Chennai – 600 005.

P.D. AUDIKESAVALU, J.

Maya

10.06.2022

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