✦ High Court of India · 03 Apr 2025

High Court · 2025

Case Details High Court of India · 03 Apr 2025
Court
High Court of India
Decided
03 Apr 2025
Length
1,006 words

Acts & Sections

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.04.2025CORAMTHE HONOURABLE MR JUSTICE C.V. KARTHIKEYANW.P.No.7806 of 2024and WMP.Nos.8740, 8741 & 8743 of 20241. R.Viswanathan 2. R.Rajeswaran 3. R.Ranjith Kumar 4. K.Sumathi 5. P.Thirumurugan 6. M.Muraliraj 7. G.Latha 8. S.Priya Mary 9. K.M.Selvi10.M.Nagarajan 11. K.Kumar12. T.Sathishkumar 13. N.Arivazhagan 14. G.Ganeshkumar15. R.Narayanan 16. K.Ramkumar17. K.R.Pranav 18. P.Gautam 19. K.Maheswari 20. E.Prakash21. G.Tamilarasan 22. L.Jayanthi 23. M.Kumaravel 24. S.Muruganandam .... Petitioners1/8 https://www.mhc.tn.gov.in/judis Vs1. The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Fort St.George, Chennai 600 009.2. The Director of Town Panchayats Municipal Administration Office Complex Raja Annamalaipuram, Chennai 600 028. 3. V.Daniel Selvaraj 4. M.Vijaya 5. N. Jaishankar 6. C.Theivanai 7. A.Rajendra Babu8. P.Alagarswamy 9. K.Ravichandran 10. A.Arumugam 11. M.Theravidamani12. K.Varadharajan 13. R.Madhavi 14. S.Sivaprakash 15. T.Nagaraj 16. S.Dhandapani 17. K.Venkatraman 18. B.Chandrasekaran 19. V.Narayana Rao2/8 https://www.mhc.tn.gov.in/judis

20. R.Seetharaman 21. S.Suganthi 22. M.Sudhakar 23. B.Kumar24. C.Poongothai 25. R.Kanaga 26. N.Parvathi 27. T.Palanisamy 28. S.Sunitha Kumari 29. G.Kavitha 30. A.Nagarajan 31. A.N.Mahendran32. N.Vasu 33. T.A.Karunanithi 34. S.Karuppaiyan 35. V.Baladhandayuthapani 36. A.Marimuthu 37. M.Hakkim Shat ... RespondentsRespondents 3 to 37 are impleaded by this Court dated 03.04.2025 in WMP.No.29111 of 2024 in W.P.No.7806 of 2024 Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus to call for the records pertaining to the order dated 14.02.2024 made in Na.Ka.No.8947/2023/A2 on the file of the Director of Town Panchayats, Municipal Administration Office Complex, Raja Annamalaipuram, Chennai 600 028, the 2nd respondent herein and quash the same and consequently direct the 2nd 3/8 https://www.mhc.tn.gov.in/judis respondent to fix the seniority of the Junior Assistants/Bill Collectors in accordance with the date of their entry into the service. For Petitioner(s): Mr.R.Vinothkumar For Respondent(s): Mr.R.Neelakandan Additional Advocate General X Asst.by Mr.T.Seenivasan Special Government Pleader ORDER This writ petition has been filed for issuance of a writ of certiorarified mandamus to call for the records pertaining to the order dated 14.02.2024 made in Na.Ka.No.8947/2023/A2 on the file of the Director of Town Panchayats, Municipal Administration Office Complex, Raja Annamalaipuram, Chennai 600 028, the 2nd respondent herein and quash the same and consequently direct the 2nd respondent to fix the seniority of the Junior Assistants/Bill Collectors in accordance with the date of their entry into the service. 2. In the affidavit filed in support of the writ petition which had been filed by 24 petitioners it had been stated that the appointment to the post of Junior Assistants/Bill Collectors/Typist in the Town Panchayat Service 4/8 https://www.mhc.tn.gov.in/judis were made through recruitment by Tamil Nadu Public Service Commission. The petitioners had been recruited after they had applied for the said post in the recruitment notification and they have joined service between the years 2007 and 2019. It is contended that inter-se seniority among the Junior Assistants/Bill Collectors and Typist would have to be determined and in this connection the 2nd respondent, Director of Town Panchayat, Municipal Administration Complex, Chennai had issued a provisional seniority list which is now impugned in the writ petition. The petitioners have their grievances over the provisional seniority list and claim that the seniority list should have been prepared in accordance with the date of entry into service. They have filed the present writ petition seeking a certiorari to quash the said provisional seniority list. WMP.No.29111 of 2024 been filed by 35 petitioners seeking to implead themselves in the writ petition. They claim that they should be heard before any order is passed touching upon the provisional seniority list. 3. The learned Additional Advocate General who had been instructed on behalf of the 1st & 2nd respondents however pointed out that this Court 5/8 https://www.mhc.tn.gov.in/judis had passed an order on 25.03.2024 which is as follows:- “There shall be an order of interim stay of any promotion, pursuant to the impugned order of panel, to the post of Assistant subject to the result of this writ petition”. 4. It had been contended that the promotion should not be made since the seniority list had not been finalised and the order works to the disadvantage of all the employees Junior Assistants/Bill Collectors/Typist. Consequently, the respondents have filed a petition to vacate the stay but it is not listed in the cause list and is still in the Registry. But at any rate a perusal of the impugned order shows that it had been clarified that it is only a provisional seniority list and any person whose name found in the said seniority list had been granted an opportunity to raise objections within a period of 15 days from the date of such seniority list had been published. It had actually been stated as follows:-nkw;fhz; Kd;Dhpik gl;oaypd; kPJ Ml;nrgizfs; bjhptpf;Fk; gzpahsh;fs;“ j';fsJ Ml;nrgiz Fwpj;j nky;KiwPal;L kDtpid ,r;bray;Kiw Miz btspaplg;gl;l ehspypUe;J 15 ehl;fSf;Fs; rk;ke;jg;gl;l kz;ly ngU:uhl;rpfspd; cjtp ,af;Fehpd; tHpahf ,t;tpaf;fj;jpw;F mDg;gpl bjhptpj;Jf;bfhs;sg;gLfpwJ/” 5. The learned Additional Advocate General pointed out the 6/8 https://www.mhc.tn.gov.in/judis aforementioned statement made in the impugned order itself and argued that the petitioners who seek to implead themselves can raise their objections and that objections would be considered in the proper light. This statement made by the learned Additional Advocate General is taken in its right spirit by this Court. The petitioners are permitted to raise their objections if any but however on or before 30.04.2025. Anybody whose names are found in the provisional seniority list the petitioners can raise their objections on or before 30.04.2025. If it is so raised, the 2nd respondent may examine such representation and pass appropriate orders. In view of this particular fact, the interim stay granted on 25.03.2024 stands vacated. The writ petition itself stands disposed of. 6. With the above direction and observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 03.04.2025dpq (2/2)Index : Yes /NoSpeaking Order: Yes/No7/8 https://www.mhc.tn.gov.in/judis C.V.KARTHIKEYAN, J.dpqTo1. The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Fort St.George, Chennai 600 009.2. The Director of Town Panchayats Municipal Administration Office Complex Raja Annamalaipuram, Chennai 600 028. W.P.No.7806 of 2024and WMP.Nos.8740, 8741 & 8743 of 2024(2/2)03.04.20258/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.04.2025CORAMTHE HONOURABLE MR JUSTICE C.V. KARTHIKEYANW.P.No.7806 of 2024and WMP.Nos.8740, 8741 & 8743 of 20241. R.Viswanathan 2. R.Rajeswaran 3. R.Ranjith Kumar 4. K.Sumathi 5. P.Thirumurugan 6. M.Muraliraj 7. G.Latha 8. S.Priya Mary 9. K.M.Selvi10.M.Nagarajan 11. K.Kumar12. T.Sathishkumar 13. N.Arivazhagan 14. G.Ganeshkumar15. R.Narayanan 16. K.Ramkumar17. K.R.Pranav 18. P.Gautam 19. K.Maheswari 20. E.Prakash21. G.Tamilarasan 22. L.Jayanthi 23. M.Kumaravel 24. S.Muruganandam .... Petitioners1/8 https://www.mhc.tn.gov.in/judis Vs1. The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Fort St.George, Chennai 600 009.2. The Director of Town Panchayats Municipal Administration Office Complex Raja Annamalaipuram, Chennai 600 028. 3. V.Daniel Selvaraj 4. M.Vijaya 5. N. Jaishankar 6. C.Theivanai 7. A.Rajendra Babu8. P.Alagarswamy 9. K.Ravichandran 10. A.Arumugam 11. M.Theravidamani12. K.Varadharajan 13. R.Madhavi 14. S.Sivaprakash 15. T.Nagaraj 16. S.Dhandapani 17. K.Venkatraman 18. B.Chandrasekaran 19. V.Narayana Rao2/8 https://www.mhc.tn.gov.in/judis

20. R.Seetharaman 21. S.Suganthi 22. M.Sudhakar 23. B.Kumar24. C.Poongothai 25. R.Kanaga 26. N.Parvathi 27. T.Palanisamy 28. S.Sunitha Kumari 29. G.Kavitha 30. A.Nagarajan 31. A.N.Mahendran32. N.Vasu 33. T.A.Karunanithi 34. S.Karuppaiyan 35. V.Baladhandayuthapani 36. A.Marimuthu 37. M.Hakkim Shat ... RespondentsRespondents 3 to 37 are impleaded by this Court dated 03.04.2025 in WMP.No.29111 of 2024 in W.P.No.7806 of 2024 Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus to call for the records pertaining to the order dated 14.02.2024 made in Na.Ka.No.8947/2023/A2 on the file of the Director of Town Panchayats, Municipal Administration Office Complex, Raja Annamalaipuram, Chennai 600 028, the 2nd respondent herein and quash the same and consequently direct the 2nd 3/8 https://www.mhc.tn.gov.in/judis respondent to fix the seniority of the Junior Assistants/Bill Collectors in accordance with the date of their entry into the service. For Petitioner(s): Mr.R.Vinothkumar For Respondent(s): Mr.R.Neelakandan Additional Advocate General X Asst.by Mr.T.Seenivasan Special Government Pleader ORDER This writ petition has been filed for issuance of a writ of certiorarified mandamus to call for the records pertaining to the order dated 14.02.2024 made in Na.Ka.No.8947/2023/A2 on the file of the Director of Town Panchayats, Municipal Administration Office Complex, Raja Annamalaipuram, Chennai 600 028, the 2nd respondent herein and quash the same and consequently direct the 2nd respondent to fix the seniority of the Junior Assistants/Bill Collectors in accordance with the date of their entry into the service. 2. In the affidavit filed in support of the writ petition which had been filed by 24 petitioners it had been stated that the appointment to the post of Junior Assistants/Bill Collectors/Typist in the Town Panchayat Service 4/8 https://www.mhc.tn.gov.in/judis were made through recruitment by Tamil Nadu Public Service Commission. The petitioners had been recruited after they had applied for the said post in the recruitment notification and they have joined service between the years 2007 and 2019. It is contended that inter-se seniority among the Junior Assistants/Bill Collectors and Typist would have to be determined and in this connection the 2nd respondent, Director of Town Panchayat, Municipal Administration Complex, Chennai had issued a provisional seniority list which is now impugned in the writ petition. The petitioners have their grievances over the provisional seniority list and claim that the seniority list should have been prepared in accordance with the date of entry into service. They have filed the present writ petition seeking a certiorari to quash the said provisional seniority list. WMP.No.29111 of 2024 been filed by 35 petitioners seeking to implead themselves in the writ petition. They claim that they should be heard before any order is passed touching upon the provisional seniority list. 3. The learned Additional Advocate General who had been instructed on behalf of the 1st & 2nd respondents however pointed out that this Court 5/8 https://www.mhc.tn.gov.in/judis had passed an order on 25.03.2024 which is as follows:- “There shall be an order of interim stay of any promotion, pursuant to the impugned order of panel, to the post of Assistant subject to the result of this writ petition”. 4. It had been contended that the promotion should not be made since the seniority list had not been finalised and the order works to the disadvantage of all the employees Junior Assistants/Bill Collectors/Typist. Consequently, the respondents have filed a petition to vacate the stay but it is not listed in the cause list and is still in the Registry. But at any rate a perusal of the impugned order shows that it had been clarified that it is only a provisional seniority list and any person whose name found in the said seniority list had been granted an opportunity to raise objections within a period of 15 days from the date of such seniority list had been published. It had actually been stated as follows:-nkw;fhz; Kd;Dhpik gl;oaypd; kPJ Ml;nrgizfs; bjhptpf;Fk; gzpahsh;fs;“ j';fsJ Ml;nrgiz Fwpj;j nky;KiwPal;L kDtpid ,r;bray;Kiw Miz btspaplg;gl;l ehspypUe;J 15 ehl;fSf;Fs; rk;ke;jg;gl;l kz;ly ngU:uhl;rpfspd; cjtp ,af;Fehpd; tHpahf ,t;tpaf;fj;jpw;F mDg;gpl bjhptpj;Jf;bfhs;sg;gLfpwJ/” 5. The learned Additional Advocate General pointed out the 6/8 https://www.mhc.tn.gov.in/judis aforementioned statement made in the impugned order itself and argued that the petitioners who seek to implead themselves can raise their objections and that objections would be considered in the proper light. This statement made by the learned Additional Advocate General is taken in its right spirit by this Court. The petitioners are permitted to raise their objections if any but however on or before 30.04.2025. Anybody whose names are found in the provisional seniority list the petitioners can raise their objections on or before 30.04.2025. If it is so raised, the 2nd respondent may examine such representation and pass appropriate orders. In view of this particular fact, the interim stay granted on 25.03.2024 stands vacated. The writ petition itself stands disposed of. 6. With the above direction and observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 03.04.2025dpq (2/2)Index : Yes /NoSpeaking Order: Yes/No7/8 https://www.mhc.tn.gov.in/judis C.V.KARTHIKEYAN, J.dpqTo1. The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Fort St.George, Chennai 600 009.2. The Director of Town Panchayats Municipal Administration Office Complex Raja Annamalaipuram, Chennai 600 028. W.P.No.7806 of 2024and WMP.Nos.8740, 8741 & 8743 of 2024(2/2)03.04.20258/8

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