Sri Syed Mahaboob Hussain, v. The Transport Commissioner,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT APPEAL No. 1231 of 2016 JUDGMENT: (Per VRS,J) The writ appeal arises out of the refusal of the learned single Judge to grant an ex parte interim direction to the respondents to revise the seniority list, which was impugned in the main writ petition. Heard Smt. S.V. Indira, learned counsel for the appellant. The prayer in the main writ petition itself was for a direction to the respondents to revise the seniority list. Therefore, by way of an interim direction, the respondents cannot be permitted to revise the seniority list. The question of suspending the operation of the seniority list also does not arise.

The normal Rule, relating to interim orders in matters relating to seniority and promotion, is that any promotion will be subject to the result of the writ petition. Therefore, the learned single Judge was right in ordering notice in the miscellaneous petition for an interim direction. Hence, we see no reason to interfere with the order of the learned single Judge. Therefore, the Writ Appeal is dismissed.

VRS,J & GSP,J WA No.1231 of 2016 Consequently, miscellaneous petitions if any pending in the writ appeal shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J _____________________ G. SHYAM PRASAD, J 16th November, 2016 cbs

VRS,J & GSP,J WA No.1231 of 2016 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN √ AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD Writ Appeal No.1231 of 2016 (Per VRS,J) 16th November, 2016 cbs