The General Manager v. Syed Sulaiman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.4.2017
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE DR.JUSTICE S.VIMALA Writ Appeal No.402 of 2017
1. The General Manager - Human Resources Chennai Metro Rail Ltd.
Admin Building, CMRL Depot Poonamallee High Road Koyambedu Chennai 600 107.
2. The Manager - Human Resources Chennai Metro Rail Ltd.
Admin Building, CMRL Depot Poonamallee High Road Koyambedu Chennai 600 107.
..Appellants/Respondents Vs.
1. Syed Sulaiman
2. K.Dasprakash
3. R.Jeganathan
4. R.Vijayaprasad
5. R.Karthik
6. P.Ranjith Kumar
7. T.Rajesh
8. G.Panneer Selvam
9. S.Anand 10.Ahamed Umar Mukthar 11.S.Tamil Selvan 12.M.Prabu 13.S.Kanagaraj 14.T.Udayapandian 15.R.Kumar 16.B.Pravin Kumar 17.K.Raja 18.M.Mohammed Ali Jinna 19.N.Alaguraja 20.M.Ashok Kumar 21.V.Sakthi Narayanan
22.P.Prakash Kumar 23.P.Srinivasan 24.B.Vignesh 25.K.Umashankar 26.B.Simbu
...Respondents/Petitioners
Appeal under Clause 15 of Letters Patent filed against the order dated 02.01.2017 made in W.P.No.31550 of 2016 insofar as cancellation notification dated 23.8.2016 and consequential advertisement CMRL/HR/06/2016 dated 23.8.2016 is concerned and directing appointment of candidates in terms of pay scale contained the said advertisement CMRL/HR/06/2016 dated 23.8.2016. Prayer in W.P.No.31550 of 2016:
Writ petition filed under article 226 of the constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the first respondent proceedings NIL dated 23.08.2016 and that the consequential notification in Advt.No.CMRC/HR/06/2016 dated 24.08.2016 to quash the same and to consequently direct the respondents to appoint the petitioners who have been selected as per the notification / Advertisement No.CMRL/HR/01/2013 dated 19.01.2013 and to extend all benefits.
For Appellants : Mr.R.Thyagarajan, S.C.
For Mr.Jayesh B Dolia For Respondents: Mr.L.Chandrakumar For M/s. Chennai Law Associates
J U D G M E N T
(Delivered by Huluvadi G.Ramesh,J) This writ appeal is directed against the order of the learned single Judge dated 02.01.2017 made in W.P.No.31550 of 2016.
2. Heard Mr.Thyagarajan, learned senior counsel appearing for the appellants and Mr.L.Chandrakumar, learned counsel appearing for the first respondent.
3. Pursuant to the notification issued in the year 2013 by the appellants, the respondents applied for the post of Junior Engineer Grade I and they have been provisionally selected. Though 154 candidates were selected, appointment orders were issued only for 30 candidates in September 2013 and 30 candidates in June 2014 and subsequently, 6 candidates were randomly selected. While the respondents were awaiting appointment order, the appellants had cancelled the earlier
notification and consequently, published advertisement calling for application to the post of Junior Engineer Grade II. Aggrieved by the same, the respondents had filed the writ petition.
4. The learned single Judge set aside the cancellation notification and also the consequential advertisement inviting applications for the posts of Junior Engineer Grade II and directed the appellants to consider the respondents to the post of Junior Engineer Grade II, by calling for their willingness, as per their merit-ranking. Assailing the said order, the appellants have come up with this appeal.
5. According to the learned senior counsel for the appellants, though the learned single Judge has directed the appellants to consider the respondents for appointment to the post of Junior Engineer Grade II, after setting aside the subsequent notification, the appellants are at a loss to understand as to how the pay scale for Grade II at Rs.8000-14140 could be fixed when the second notification was quashed.
6. In the light of the above submission, we are of the considered opinion that if the appellants entertain a doubt as to how the pay scale as per the second notification could be fixed for the respondents while appointing him to the post of Junior Engineer Grade II, particularly when the second notification is quashed, in view of the fact that the respondents were provisionally selected for Junior Engineer Grade I as per the first notification, the appellants ought to have approached the learned single Judge for getting necessary clarification or review of the order, instead of preferring the writ appeal.
7. In view of the above, we dispose of the writ appeal, giving liberty to the appellants to seek clarification or review of the order of the learned single Judge within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, CMP No.6380 of 2017 is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpl
To
1. The General Manager - Human Resources Chennai Metro Rail Ltd.
Admin Building, CMRL Depot Poonamallee High Road Koyambedu Chennai 600 107.
2. The Manager - Human Resources Chennai Metro Rail Ltd.
Admin Building, CMRL Depot Poonamallee High Road Koyambedu Chennai 600 107.
+1cc to Mr.L.Chandra Kumar, Advocate, S.R.No.23153 W.A.No.402 of 2017.
BR(CO) RS(09/05/2017)