The Government Of Tamil Nadu, v. K. Shanthi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No. 6545 of 2024 1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Chennai - 600009.
2.The Commissioner, Social Welfare and Nutritious Meal and Programme Department, Chennai - 600 005.
3.The Project Co-Ordinator, World Bank Assisted ICDS Project - III, Tharamani, Chennai - 113.
...Appellants Vs.
1.K.Shanthi 2.R.Jayashree 3.G.Sarguna 4.R.Sathiya Maheswari 1/8
5.P.Poonguzhali 6.C.Poongodi 7.S.Gunasekar 8.K.Pechiammal 9.S.K.Lalitha 10.A.Thameemunisha 11.S.Sangeetha 12.T.Bhuvaneswari 13.Mr.R.Selvaraj, Thiruvarur.
14.Mr.G.Ganasekaran, Namakkal.
15.Mr.N.Marimuthu, Nagapattinam.
16.Mr.M.Paneervelu, Erode.
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17.Mr.N.Pakkiarajan, Thiruvannamalai.
18.Mr.Paramasivan, Ramanathapuram.
19.Mrs.D.Mangayarkarasi, District Project Oficer, Perambalur.
.... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 01.04.2022 made in W.P.No.23697 of 2006. For Appellants : Mr.Haja Nazirudeen Additional Advocate General assisted by Mr.P.Ananda Kumar, Govt. Advocate For Respondents : Mr.V.Sithannan for R1 Mr.U.Karunakaran for R2 to R12
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.) Several Writ Petitions were filed by the similarly placed persons, challenging certain Government Orders which enable the private 3/8
respondents in the writ petitions to steal a march over the petitioners who were regularly appointed to the post of Child Development Project Officers (CDPOs).
2. The Writ Court, by a common order dated 01.04.2022, allowed the Writ Petitions and directed the 1st respondent to pass orders notionally refixing the seniority of the petitioners above the private respondents / irregular appointees and issue orders for notional promotion to the post of Assistant Directors from the date, on which, the private respondents were promoted together with service and monetary benefits. The Writ Court however, did not disturb the promotion or appointment of the private respondents as some of them had retired and their appointments were not challenged. It is this order, which is subject matter of challenge in this appeal.
3. As already stated, six writ petitions were taken up together and disposed of and the issue involved in all these writ petitions is one and the same. The Government has chosen to file this appeal only against one of the writ petitions namely, W.P.No.23697 of 2006. The order passed in the 4/8
other writ petitions remains unchallenged. Therefore, the appeal is hit by the doctrine of constructive res judicata. Hence, this Writ Appeal, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. The appellants will comply with the order of the writ Court within a period of eight weeks from the date of receipt of a copy of this order.
(R.S.M., J.) (G.A.M., J.) 28.03.2025 kkn Index: No Speaking order 5/8
To:
1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Chennai - 600009.
2.The Commissioner, Social Welfare and Nutritious Meal and Programme Department, Chennai - 600 005.
3.The Project Co-Ordinator, World Bank Assisted ICDS Project - III, Tharamani, Chennai - 113.
4.Mr.R.Selvaraj, Thiruvarur.
5.Mr.G.Ganasekaran, Namakkal.
6.Mr.N.Marimuthu, Nagapattinam.
7.Mr.M.Paneervelu, Erode.
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8.Mr.N.Pakkiarajan, Thiruvannamalai.
9.Mr.Paramasivan, Ramanathapuram.
10.Mrs.D.Mangayarkarasi, District Project Oficer, Perambalur.
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R.SUBRAMANIAN, J.
and G. ARUL MURUGAN, J.
KKN and C.M.P.No. 6545 of 2024 28.03.2025 8/8