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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Abdul Quddhose, J.
T.Kannan & Ors. - Appellant
Vs.
The Agricultural Production Commissioner and Secretary to the Government, Department of Agriculture, Fort St. George, Chennai - Respondent
W.P.(MD)No.20892 of 2017 and W.M.P.(MD)Nos.17196 to 17199 of 2017 & 29 of 2018
Decided On : 30-08-2024
Writ Petition - Seniority List - The court dismissed the writ petition as infructuous since the petitioner had already received the promotion sought, rendering the challenge to the seniority list moot. The court emphasized that once the relief sought is granted, the matter no longer requires adjudication.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution challenging the seniority list for the post of Assistant Engineer, seeking to quash it and direct the preparation of a new seniority list based on the date of initial appointment.
Finding of the Court:
The court noted that the petitioner had received the promotion after filing the writ petition, which meant that the issue regarding the seniority list was no longer relevant.
Issues: Whether the challenge to the seniority list was valid after the petitioner received the promotion.
Ratio Decidendi: The court concluded that once the petitioner was promoted, the original grievance regarding the seniority list became moot, and thus, the writ petition was dismissed as infructuous.
Result: The writ petition was dismissed, and no costs were awarded.
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned seniority list in the post of Assistant Engineer signed on 10.04.2017, on the file of the second respondent and quash the same as illegal and consequently to direct the respondents 1 and 2 to prepare the seniority of the petitioners in the post of Assistant Engineers, taking the date of initial appointment as regularized vide the G.O.Ms.No.94, Agriculture (Ve.Ni.3) Department, dated 26.05.2012 and accordingly promote the petitioners as the Assistant Executive Engineers within the time stipulated by this Court.
It is brought to the notice of this Court by learned Additional Government Pleader for the official respondents that subsequent to the filing of this Writ Petition, promotion has been given to the petitioner and therefore, nothing survives for adjudication in this Writ Petition.
2.The petitioner has challenged the seniority panel in this writ petition. The Writ Petition was filed in the year 2017. Learned Counsel for the petitioner also admits that promotion was given to the petitioner subsequent to the filing of this Writ Petition. In view of the same, nothing survives for further adjudication in this Writ Petition.
3.Accordingly, this Writ Petition stands dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Established seniority lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
The main legal point established in the judgment is that the seniority list should be prepared based on the existing orders in force during the relevant period, and the court may consider revising se....
The court established that stakeholders' interests must be considered in administrative decisions regarding seniority and promotions, allowing for representations to be made and addressed appropriate....
The main legal point established in the judgment is the court's authority to direct the second respondent to pass necessary orders for the fixation of correct seniority on par with S. Shanmugam in th....
Prompt action is required in matters relating to seniority, and belated interference with settled matters can have adverse effects and serious administrative implications.
The court emphasized that denial of promotion based on fabricated charges violates administrative fairness and ignored prescribed ratio guidelines for promotions.
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