Madras High CourtWA/538/2018disposed of

M.Sundarambal, v. The Director,

2018-04-16Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.4.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.538 of 2018

1. M.Sundarambal

2. C.Thangamani Appellants

Versus

1 The Director Office of the Adi-Dravidar and Tribal Welfare Chepauk Chennai-600 005 2 The District Adi-Dravidar Welfare Officer Office of the District Adi-Dravidar Welfare Officer Collectorate Erode District Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 8.2.2018 passed in W.P.No.2753 of 2018 on the file of this court.

PRAYER IN W.P.No.2753 of 2018:

Writ of Mandamus directing the second respondent to give promotion to the petitioners as office Assistants in Second Respondents office.

For appellants : Mr.C.Neethimozhi For respondents : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The writ appeal has been filed by the writ petitioners challenging the correctness of the order passed by the learned Single Judge in dismissing the writ petition filed by them seeking a mandamus to the second respondent to give promotion to the petitioners as Office Assistants in the second respondent's office.

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3. The grievance of the appellants is that they are seniors to other candidates and they had passed VIII standard whereas various other candidates, who had not passed VIII standard are being selected for the post of Office Assistant.

4. On the other hand, the learned Special Government Pleader by producing a copy of the letter dated 13.4.2018 addressed to him issued by the Department concerned, would contend that the appellants viz., M.Sundarambal and C.Thangamani are at Serial Numbers 3 and 30 in seniority and certain other candidates, however are at serial Numbers above 3, they possess higher qualifications, all the candidates would be considered for promotion in the future vacancies, as per the prevalent rules and in such course of action, the first appellant M.Sundarambal would be considered first and the second appellant C.Thangamani would be considered at a later point of time and further, there is no vacancy right now.

5. In view of the above submission with regard to the factual position, we do not find any reason to interfere with the order passed by the learned Single Judge. The writ appeal is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ssk.

To:

1 The Director Office of the Adi-Dravidar and Tribal Welfare Chepauk Chennai-600 005 2 The District Adi-Dravidar Welfare Officer Office of the District Adi-Dravidar Welfare Officer Collectorate Erode District +2cc to Mr.C.NEETHIMOZHI, Advocate, S.R.No. 27948 +1cc to the Government Pleader, S.R.No. 28441 W.A.No.538 of 2018 RK(CO) TR(15/05/2018) https://hcservices.ecourts.gov.in/hcservices/