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ANITA SUMANTH, G. ARUL MURUGAN
High Court of Judicature at Madras, Rep. by its Registrar General, High Court, Madras – Appellant
Versus
K. Subramanian – Respondent
JUDGMENT :
(Order of the Court was made by Dr.ANITA SUMANTH,J.)
The Registry of this Court is aggrieved by certain observations made by the learned Judge in order dated 30.10.2019. The challenge in that writ petition was to Notification dated 17.09.2019 and inter-alia, the writ petitioners had sought a direction to the respondent to appoint the petitioners, on the basis of various grounds agitated by them.
2. In the course of the hearing of that writ petition, one of the points raised was that the procedure followed by the respondents amounted to unfair labour practices and thus as a consequence, the writ petition ought to have been listed before the Hon'ble Judge holding the 'Labour' portfolio.
3. At paragraphs 11 and 12, the learned Judge has discussed the issue thus:-
Registry officials cannot decide case listings independently, ensuring transparency and preventing unfair practices; authority lies with the Chief Justice for case postings.
The court established that the Registry must not independently decide case listings and must follow administrative protocols for clarity and transparency.
The court established that strict adherence to the roster system for case management is essential to ensure judicial efficiency and prevent confusion in the handling of related cases.
The authority of the Chief Justice to issue administrative directives is absolute and such directives should align with established rules without requiring concurrence from the Full Court.
Judicial orders must adhere to roster guidelines, and deviations without proper direction may result in disciplinary action.
The main legal point established is that the registration of a complaint as a suo motu writ petition requires the approval of the Chief Justice and must comply with the prescribed procedure, includin....
High Court Registry cannot refuse to number petitions on maintainability grounds; must number subject to court decision.
Maintainability is essentially a matter which needs to be addressed by Court on judicial side, while clarifying that Registry is free to consider maintainability of matter.
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