Back
HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
D. Perumal – Appellant
Versus
State of Tamilnadu – Respondent
WP Nos.18760 AND 23629 of 2018|WMP.Nos.22110,27567 and 27589 of 2018
For the Appellants/Petitioners: ARL. Sunderesan, AL. Ganthimathi
For the Respondents: V. Kadhirvelu, Adithya Reddy, T.D. Selvam
The court is examining the validity of inter se seniority lists for directly recruited and promotee assistants under the Tamil Nadu Ministerial Service Rules.
Headnote:The petitioners have challenged the proceedings dated 24.08.2017 issued by the District Revenue Officer regarding the inter se seniority list for the panel years 2011-12 and 2012-13. They seek a direction to draw the seniority list for directly recruited and promotee assistants in conformity with Annexure IX rule 2(a) read with clause 9 notified under rule 38(b)(ii) of the Tamil Nadu Ministerial Service Rules. The issues concern whether the impugned seniority proceedings are lawful and whether the respondents are obligated to restructure the seniority list according to the specified service rules. The court has taken the petitions for consideration to determine the validity of the seniority listings. Admit. Issue rule nissi. Call for records in eight weeks.
Writ petitions under article 226 of the Constitutions of India praying that in these circumstances stated therein and in the respective affidavits filed their with the High Court will pleased to
(I)Issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ, order or direction particularly in the nature of writ of certiorarified mandamus to call for the records relating to the impugned proceedings dated 24.8.2017 signed on 09.06.2018 in Na.Ka.No.28102/2012/A2 of the 4th Respondent herein for the panel year 2011-12 and impugned proceedings dated 24.8.2017 in Na.Ka.No.28102/2012/A2 of the 4th Respondent herein for the panel year 2012-13 and quash the same and direct the Respondents herein to draw the inter seniority list in respect of directly recruited assistants and the promottee assistants in conformity with the Annexure IX rule 2(a) read with clause 9 notified under rule 38 (b) (ii) of the TamilNadu Ministerial Service Rules in WP.NO.18760 OF 2018.
(II)Issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings dated 24.8.2017 signed on 9.6.2018 in Na.Ka.No.28102/ 2012 / A2 of the 4th Respondent herein for the panel year 2011 - 2012 and impugned proceedings dated 24.08.2017 in Na.Ka.No.28102 / 2012 / A2 of the 4th Respondent herein for the panel year 2012-2013 and quash the same and direct the Respondents herein to draw the inter se seniority list in respect of directly recruited assistants and the promottee assistants in conformity with the Annexure IX rule 2(a) read with clause 9 notified under rule 38 (b) (ii) of the TamilNadu Ministerial service Rules(in WP.23629/2018)
(III)To grant Interim Stay of all further proceedings pursuant to the impugned proceedings dated 24.8.2017 signed on 09.06.2018 in Na.Ka.No.28102/2012/A2 of the 4th Respondent herein for the panel year 2011-12 and impugned proceedings dated 24.8.2017 in Na.Ka.No.28102/2012/A2 of the 4th Respondent herein for the panel year 2012-13 (IN WMP.NO.22110 OF 2018) pending disposal of the above writ petition NO.18760 OF 2018.
(IV)to grant interim stay of all further proceedings pursuant to the impugned proceedings dated 24.8.2017 signed on 9.6.2018 in Na.Ka.No.28102/ 2012 / A2 of the 4th Respondent herein for the panel year 2011 - 2012 and impugned proceedings dated 24.08.2017 in Na.Ka.No.28102 / 2012 / A2 of the 4th Respondent herein for the panel year 2012-2013 (in WMP.27567/2018) respectively pending WP.NO.23629 of 2018 AND;
(V)To Vacate the Status Quo granted in WMP NO.22110 of 2018 in WP No.18760 of 2018 Dated 24.07.2018 respectively.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.ARL.SUNDERESAN SENIOR COUNSEL FOR M/S.AL.GANTHIMATHI, Advocate for the PETITIONER in WP No.18760 of 2018 AND WMP.No.22110 OF 2018 AND 1ST RESPONDENT IN WMP.NO.27589/2018 AND WP.NO.23629 OF 2018 and of MR.V.KADHIRVELU, SPECIAL GOVERNMENT PLEADER RESPONDENTS IN WP No.18760 of 2018 AND WMP.No.22110 OF 2018 AND 1 to 4 RESPONDENTS IN WMP.NO.27589/2018 and of MR.ADITHYA REDDY, Advocate for the 5 to 9 Respondents and of MR.T.D.SELVAM, Advocate for the 10 to 17 Respondents the court made the following order:-
Admit. Issue rule nissi. Call for records in eight weeks.
Interim order already granted by this Court is extended until further orders.
Post the matter along with W.P.No.17647 of 2018.
