The Director Of Co Operative v. R.Kasi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.A.No.1150 of 2011 and M.P.No.1 of 2015 The Director of Co-operative Audit Chepauk, Chennai - 600 005 ..

Appellant versus R.Kasi ..

Respondent Writ Appeal filed against the order dated 10.06.2010 in W.P.No.13843 of 2006.

This writ petition came to be numbered under Articale 226 of the Constitution of India by way of transfer of O.A.No.7741 of 1998 from the file of Tamil Nadu Administrative Tribunal, to call for the records pertaining to order beaning ROC.NO.20925/98, P.A-2,DATED 20.07.1998 of the respondent and to quash the same and with all consequently benefits.

For Appellant : Mr.T.M.Pappiah Special Government Pleader For Respondent : Mr.V.Sudhakar

JUDGMENT

(Order of the Court was made by S.MANIKUMAR, J.) Material on record discloses that sole respondent (deceased) had filed O.A.No.7741 of 1998 on the file of the Tamilnadu Administrative Tribunal, Madras to quash the order dated 20.07.1998 of the Director of Co-operative Audit, Chennai. Original Application has been transmitted and renumbered as W.P.No.13843 of 2006.

2. On contest, vide order dated 10.06.2010, writ Court directed the appellant to consider the case of the respondent for promotion to the post of Assistant Director of Co-operative Audit for the year 1997-98. By the time, when the writ petition was disposed of on https://hcservices.ecourts.gov.in/hcservices/

10.06.2010, respondent had already retired from service on 13.06.1999. Writ Court has directed the appellant to consider the case of the respondent on the basis of a decision of the Hon'ble Division Bench in W.A.No.1010 of 2007 dated 04.01.2010, within a period of four months from the date of receipt of a copy of the order made in the writ petition.

3. Material on record discloses that pursuant to the directions stated supra, the Director of Cooperative Audit, Chennai, the appellant herein has passed an order in R.C.No.9128/2009/P.A-2 dated 27.10.2010, rejecting the case of the respondent (Since deceased) for promotion to the post of Assistant Director of Cooperative Audit, on the grounds inter alia that there was a charge pending under Section 17-(b) of the Tamilnadu Civil Services (Disciplinary and Appeal) Rules, on the crucial date of the panel for the year 1997-98 and that the respondent suffered a punishment of stoppage of increments for three months after the crucial date, but before actual promotion, which was held against him. After issuance of the order dated 27.10.2010, instant writ appeal has been filed on 31.03.2011. Taking note of the subsequent order, we fail to understand as to why filing of the writ appeal was necessitated when the directions issued in W.P.No.13843 of 2006 dated 10.06.2010, have been complied with.

4. Further, pending appeal, the sole respondent, died and therefore, M.P.No.1 of 2015 in W.A.No.1150 of 2011 has been filed for substitution of legal representatives of the deceased sole respondent.

5. As orders dated 27.10.2010, had already been passed, we are of the view that instant writ appeal is unnecessary. Accordingly, the writ appeal is dismissed. No costs. Consequently, M.P.No.1 of 2015 filed for substitution is also dismissed. -sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar ars To The Director of Co-Operative Audit, Chepauk, Chennai- 600 005 +1 cc to the Government Pleader SR.NO. 72630 W.A.No.1150 of 2011 and M.P.No.1 of 2015 pa[co] RD 03/01/2017 https://hcservices.ecourts.gov.in/hcservices/