J.Anbarasi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.A. No.1631 of 2015 and M.P. No.1 of 2015 Anbarasi ... Appellant/Petitioner Vs.

The Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (MWRU) Department Fort St. George Chennai 600 009 The Commissioner of Backward Classes Department Chepauk Chennai 600 005 The District Backward Classes, Most Backward Classes and Minorities Welfare Officer Thiruvannamalai District ... Respondents/Respondents Writ Appeal preferred under Clause 15 of the Letters Patent challenging the order dated 21.09.2015 passed in M.P. No.2 of 2015 in W.P. No.29575 of 2015.

WP.NO.29575/15:

Petition presented Under article 226 of the Constitution of India praying to issue a writ of certiorarified Madamus calling for the records of the 1st respondent in connection with the impugned order passed by him in G.O.2D, No.45, BC, MBC, & minorities welfare (MWRU) Department dated 7/9/2015 and the

consequential order passed by the 2nd respondent in Na.ka.No.B3/2457/12 dated 9.9.2015 and the 3rd respondent in Na.Ka.No.N3/15714/2012 dated 11.9.2015 and quash the same and direct the respondents to continue the petitioner in the 2nd respondent Department in pursuance of the qualification acquired by her and grant such other further relief as this Hon'ble Court may deem fit in the circumstances of the case . MP.No.2/15:

To stay the impugned order passed by the 1st respondent in connection with the impugned order passed him in Go 2D No.45, Bc, MBC & Minorities Welfare (MWRU) Department dated 7.9.15 and the consequential order passed by the 2nd respondent in Na.No.B3/2457/12 dated 9.9.15 and the 3rd respondent in Na.ka.No.N3/15714/12 dated 11.9.15 pending in WP No.29575 of 2015 respectively.

For appellant Mr. K. Venkataramani, Sr. Counsel for M/s. M. Muthappan For respondents Mr. P.S. Sivashanmugasundaram Special Government Pleader

JUDGMENT

(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel for the parties, the intra-Court appeal is taken up for final disposal, at the admission stage itself. This intra-Court appeal is directed against the order dated 21 September 2015 rendered by the learned Single Judge in M.P. No.2 of 2015 in W.P. No.29575 of 2015, whereby and whereunder, status quo as obtained on that day, was granted and the matter was directed to be listed on 06 November 2015. According to the learned Senior Counsel appearing for the appellant, the matter could not be taken up on 06 November 2015, as directed. Thus, the appellant could not seek indulgence of the Court for modification of the order dated 21 September 2015.

The learned Special Government Pleader appearing for the respondents submits that the matter may be directed to be placed before the learned Single Judge, at the earliest, for clarification/modification/hearing.

Having regard to the submissions made by the learned counsel on either side, we deem it fit and proper to direct the Registry to list the writ petition before the learned Single Judge on 25 November 2015 and the Registry is directed accordingly.

This intra-Court appeal stands disposed of with the above direction. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) True Copy Sub Assistant Registrar cad To The Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (MWRU) Department Fort St. George Chennai 600 009 The Commissioner of Backward Classes Department Chepauk Chennai 600 005 The District Backward Classes, Most Backward Classes and Minorities Welfare Officer Thiruvannamalai District +1cc to M/S.M.Muthappan, Advocate Sr.62119 +1cc to The Government Pleader Sr.62340 W.A. No.1631 of 2015 skv[co] srg 24/11/2015