PRAYER

: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents herein to fix the seniority of the petitioner in the post of Assistant Section Officer over his junior based on the seniority list published in the post of Assistant vide the proceedings of the 1st respondent in Letter (Ms) No.5102582/U2/2023-1, dated 13.07.2023 by taking into consideration the fact that the belated selection order issued to the petitioner in the post of Assistant is not due to any fault of the petitioner as per the law laid down by the Honourable Apex Court in the judgement reported in 2021 (2) SCC 401 with all monetary benefits.

For Petitioner(s): Mrs.Dakshayani Reddy, Senior Counsel for Mrs..S.Suneetha

For Respondent(s): Mr.C.Selvaraj, AGP for R1 and R3

Mr.I.Abrar Mohammed Abdullah, Standing Counsel for R2

ORDER

The petition has been filed to direct the respondents herein to fix the seniority of the petitioner in the post of Assistant Section Officer over his junior based on the seniority list published in the post of Assistant vide the proceedings of the 1st respondent dated 13.07.2023 by taking into consideration the fact that the belated selection order issued to the petitioner in the post of Assistant is not due to any fault of the petitioner as per the law laid down by the Honourable Apex Court in the judgement reported in 2021 (2) SCC 401 with all monetary benefits.

2. The petitioner joined the post of Assistant in the year 2015 and was included in the panel for the post of Assistant Section Officer only for the year 2017-2018 whereas his juniors were included in the panel for the year 2014- 2015. Therefore, aggrieved petitioner made a representation dated 22.05.2024 for which there is no response till date. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side and perused the materials available on record.

4. Though the petitioner has sought for a larger relief in this petition, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 22.05.2024, on merits and in accordance with law and to pass appropriate orders, within a period of three months from the date of receipt of a copy of this order.

With the above directions, the writ petition is disposed of. No costs.

08-04-2026

Index: Yes/No

Speaking/Non-speaking order Neutral Citation: Yes/No

ssa To

1. The Principal Secretary, The State of Tamil Nadu

Human Resources Management Department, Fort St.George, Chennai - 600 009.

2.Secretary, Tamil Nadu Public Service Commission,

TNPSC Road, Chennai - 600 003. 3.The Additional Chief Secretary,

The State of Tamil Nadu Environment, Climate change and Forests Department,

Fort St.George, Chennai - 600 009.