Madras High CourtWA/1797/2019disposed of

A.Madeshwaran v. E.Selvam

2020-09-30Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.Nos.1797 and 1857 of 2019 and WP Nos.9060 of 29035 of 2019 and WMP Nos.9605 and 28815 of 2019 and CMP No.12565 of 2019 W.A.No.1797 of 2019 1 A.MADESHWARAN 2 V.S.PALANIVEL 3 R.PRABHURAJ 4 M. MOHAN 5 N.NAVALADIYAN 6 R.MALATHI ... Appellants / Respondents 3,4,5,7,11 and 12 Vs 1 E.SELVAM 2 G.SARAVANAN 3 R.KARTHIGEYANI 4 G.RAJKUMAR 5 P.ANNADURAI 6 K.PRABHAKARAN 7 M.RAJASEKARAN 8 M.MAHENDRAN PANDIAN 9 S.ANTHONISAMY 10 A.PRABHAVATHI 11 D.R.KANNAN 12 MRS.V.MATHANGESWARI 13 A.GOPI 14 G.MURUGESAN 15 D.SUJATHA 16 V.SUJATHA 17 A.SANGEETHA 18 G.RAVINDRAN

19 V.ALAGARASAN 20 R.S.MANIKANDAN 21 L.VIGNESH 22 K.OOSAINAYAKI 23 T.R.POONGUZHALI 24 G.TAMILSELVI 25 M.UMAMAHESWARI 26 R.SURESH 27 E.SWAMYNATHAN 28 R.SOUNDARAJAN 29 A.THAMARAISELVI 30 K.BHUVANESHWARI 31 D.SARAVANAKUMAR 32 N.MOHANKUMAR 33 R.BHARATH 34 R.SRINIVASAN 35 A.GANESAN 36 G.GAYATHRI 37 V.PARIMALA 38 M.SAKTHIVEL 39 R.ASHOK KUMAR 40 J.THIRUGNANAM 41 D.PRABAKAR .. Respondents/Petitioners 1 to 41 42 THE STATE OF TAMIL NADU REP. BY PRINCIPAL SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT FORT ST GEORGE CHENNAI-9 43 THE DIRECTOR OF RURAL DEVELOPMENT (PD SECTION) PANAGAL BUILDING SAIDAPET CHENNAI-15 .. Respondents/ Respondents1&2 44 M.RAJAVELU .. Respondents/ Respondent NO.6 45 J.BALAKRISHNAN 46 K.BALAMURUGAN 47 D.DHANDAPANI .. Respondents/ Respondents 8,9,10 Prayer in W.A.No.1797/2019:

To set aside the order passed by the Learned Judge in WP.No.9944/2018 dated 26.09.2018.

W.A.No.1857 of 2019:

1. The State of Tamil Nadu represented by its Principal Secretary to Government, Rural Development Department, Fort St. George, Chennai - 9

2. The Director of Rural Development (PD Section) Panagal Building, Saidapet, Chennai -600 015 ... Appellants/ Respondents 1 E.SELVAM 2 G. SARAVANAN 3 R. KARTHIGEYANI 4 G. RAJ KUMAR

5. P. ANNADURAI 6 K. PRABHAKARAN 7 M. RAJASEKARAN 8 M. MAHENDRAN PANDIAN 9 S. ANTHONISAMY 10 A. PRABAVATHI 11 D.R. KANNAN 12 MS. V. MATHANESWARI 13 A. GOPI 14 G. MURUGESAN 15 D. SUJATHA 16 V. SUJATHA 17 A. SANGEETHA 18 G. RAVINDRAN 19 V. ALAGARASAN 20 R.S. MANIKANDAN 21 L. VIGNESH 22 K. OOSAINAYAKI 23 T.R. POONGUHALI 24 G. THAMILSELVI 25 M. UMAMAHESWARI 26 R. SURESH 27 E. SWAMYNATHAN 28 R. SOUNDARARAJAN 29 A. THAMARAISELVI 30 K. BHUVANEWARI 31 D. SARAVANAKUMAR 32 N. MOHANKUMAR 33 R. BHARATH 34 R. SRINIVASAN 35 A. GANESAN 36 G. GAYATHRI 37 V. PARIMALA 38 M. SAKTHIVEL 39 R. ASHOK KUMAR 40 J. THIRUGNANAM 41 D. PRABAKAR 42 A. MATHESWARAN 43 V.S. PALANIVEL

44 R. PRABHURAJ 45 M. RAJAVELU 46 M. MOHAN 47 J. BALAKRISHNAN 48 K. BALAMURUGAN 49 D. DHANDAPANI 50 N. NAVALADIYAN 51 R. MALATHI Appeals filed under Clause 15 of Letter Patent to set aside the order passed by the Hon'ble Court in WP Nos.9944 of 2018 on 26.09.2018.

W.P.No.9060 of 2019 1 R.Venkatesh

2. N.Suresh Babu 3 Thirumalai 4 Praburaj 5 Navaladiyan 6 A.Matheshwaran 7 P.S.Palanivel 8 S.Senthil Kumaran 9 R.Malathi 10 M.Mohan ... Petitioners vs 1 State of Tamil Nadu Rep. by Principal Secretary to Government Rural Development and Panchayat Raj Department Fort ST. George Chennai 9 2 The Director of Rural Development and Panchayat Raj (PD) Section Panagal Building Saidapet Chennai 15 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the impugned consolidated interse seniority list of Overseer/ Junior Drafting Officers published by the 2nd respondent in his Proceedings No. 65408/ 2018/ EE2(1) dated 01.02.2019 and quash the same and direct the respondents to prepare a seniority list in accordance with law and further direct the respondents to grant promotion to the petitioners herein as Assistant Engineer and grant them all consequential service and monetary benefits.

W.P.No.29035 of 2019:

1 R.Venkatesan

2. R. Murugesan 3 R.G. Saravana Kumar 4 J. Blakrishnan ... Petitioners Vs 1 The Secretary to Government Rural Development and Panchayat Raj Dept Fort St george Chennai 9 2 The Director of Rural Development and Panchayat Raj Dept Panagal Building Saidapet Chennai 15 3 P. Karunakaran 4 V. Palanisamy 5 B. Jeevarani 6 V. Radhakrishnan 7 S.P. Saravanan 8 M.Sundaravalli 9 R. Annapoorna Devi 10 M. Murugesan 11 A. Ganesan 12 M. Rajeswaran 13 V. Sebastin John 14 T.S.Muralidharan 15 A. Tamarai Selvi 16 K. Syed Ibrahim 17 S. Gomathi ...

Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the records of the 2nd respondent in connection with the impugned combined panel of Assistant Engineer Rural development for the year 2016-17 and 2017-18 published by the 2nd respondent in RC No. 56875 / 2016 / EE 1.2 dt 27.8.19 and quash the same and direct the respondents to prepare the panel taking into consideration the qualification of BE degree acquired by the petitioners herein based on the unamended Rule 5A of the Tamil Nadu Panchayat Development Engineering Service Rules published in G.O.Ms.No. 295 Rural Development and Panchayat Raj (E1) Department dated 14.12.

2001 and consider the claim of the petitioners for promotion as Assistant Engineer Rural Development and promote them as Assistant Engineer Rural Development and grant them all consequential service and monetary benefits and grant such other further relief as this Hon'ble Court may deem fit in the Circumstances of the case.

Petitioner's Appearance:

W.A.No.1797 of 2019:

Mr.M. Muthappan W.A.No.1857 of 2019:

Mr.V. Jayaprakash Narayanan State Government Pleader WP No.9060 of 2019:

Mr.M. Muthappan WP No.29035 of 2019:

Mr.M. Muthappan Respondent's Appearance:

W.A.No.1797 of 2019:

1.R42&43 :

Mr.V. Jayaprakash Narayanan State Government Pleader 2.R1 to R41, R44 to R47 :

Mr.V. Sudhakar W.A.No.1857 of 2019:

1.R1 to R4,R6 to 9, R11 to R13,18,20 to 26, 28 to 35,36 to 40 -Mr.V. Sudhakar 2.R42 to R46 & R50-Mr.M. Muthappan WP No.9060 of 2019:

Respondents in WP No.9060 of 2019:

Mr.V. Jayaprakash Narayanan State Government Pleader WP No.29035 of 2019:

R15 : Mr.V. Sudhakar R1 & R2 :Mr.V. Jayaprakash Narayanan State Government Pleader Not Ready for R1 Batta Noticed R3,8 & 17 Others - No Appearance COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) Heard learned counsel, Mr.M. Muthappan, Mr.V. Sudhakar and Mr.V. Jayaprakash Narayanan, learned State Government Pleader, for the respective parties in the appeals.

2. We had adjourned the hearing of this matter by the following Order on 17.09.2020:- We have heard Shri M.Muthappan, learned counsel for the petitioners and Shri V.Jayaprakash Narayanan, learned Government Pleader for the respondent State in W.P.No.34690 of 2019.

We have also heard Mr.V.Suthakar, learned counsel for the private respondents.

Since challenge to the vires of the provision has to be decided first, we would deliver judgment in W.P.No.34690 of 2019 on 30.09.2020 and the other matters will be decided later.

3.We have delivered the judgment today in W.P.No.34690 of 2019 and the learned counsel for the parties are at agreement that the panel has now to be prepared afresh, keeping in view the ratio of the said judgment as well as the fact that the panel which is under challenge had been prepared prior to the amendment.

4.It is therefore necessary to prepare the panel afresh. Learned State Government Pleader concedes to this position and he submits that the Government will proceed now to prepare a fresh panel accordingly. The exercise whereof will be undertaken and completed, as prayed by the learned Government Pleader, within a period of two months.

5. Both the writ appeals, therefore, stand disposed of accordingly. The writ petitions raising a challenge to the panel also stand disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sr

1. THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU RURAL DEVELOPMENT DEPARTMENT FORT ST GEORGE CHENNAI-9

2. THE DIRECTOR OF RURAL DEVELOPMENT PANCHAYAT RAJ DEPT., (PD SECTION) PANAGAL BUILDING SAIDAPET CHENNAI-15.

+4ccs to Mr.M.Muthappan, Advocate SR.No. 32321,32320,32318,32317 +1 cc to Government Pleader Sr.No. 32421 W.A.Nos.1797 and 1857 of 2019 and WP Nos.9060 of 29035 of 2019 and WMP Nos.9605 and 28815 of 2019 and CMP No.12565 of 2019 SRA (CO) A.SK(02/11/2020)