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Madras High CourtWP/11175/2022disposed of

A.Krishnaraj v. The Director

2024-07-04Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.10757 & 10758 of 2022 1.A.Krishnaraj 2.J.Jesuraj 3.A.Murugamanickam 4.C.Soundarrajan 5.Kannappan 6.Rajamanickam 7.N.Vishnukumar 8.N.Kanagaraj 9.M.M.Manimaran 10.K.Chandrasekaran 11.Kandasamy 12.Ayyanar 13.Bakkianathan 14.V.Ravichandran 15.Ayyandurai 16.K.Thangaraj ... Petitioners Vs.

1.The Director Egmore, Chennai - 8.

2.The Deputy Director West Zone, Coimbatore.

3.The District Officer

Erode.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus call for the records of the respondents in connection with the impugned orders issued by the respondents 1 & 3 in Rc.No.1153/B1/2020 dated 07.04.2020 and OO.Mu.No.7276/Aa1/2020 dated 08.09.2020 respectively and quash the same in so far as the petitioners are concern and further direct the 1st respondent to include the petitioners and grant consequential promotion on par with batch mates. (amended vide order of this Court dated 04.07.2024 in W.M.P.No.32979 of 2023) For the petitioners :

Mr.R.Dhineshkumar For the respondents :

Mr.V.Veluchamy Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned orders passed by the respondents 1 & 3 in Rc.No.1153/B1/2020 dated 07.04.2020 and OO.Mu.No.7276/Aa1/2020 dated 08.09.2020 respectively and quash the same and further direct the 1st respondent to include the name of the petitioners and grant consequential promotion on par with batch mates.

2. Heard, the learned counsel appearing on behalf of the petitioners and the learned Additional Government Pleader appearing on behalf of the

respondents and perused the material records of the case.

3. The learned Additional Government Pleader appearing for the respondents would submit that the impugned seniority list has been struck down by the Division Bench of this Court in W.A.No.448 of 2020 dated 17.07.2023. However, fresh seniority list is yet to be finalised by the respondents. That apart, as against the Judgment of the W.A.No.448 of 2020, the appellants therein have filed a Cont.P.No.3079 of 2023 and it is pending. Now, the petitioners herein were also retired from service and no promotion panels for the post of Station Officer could be prepared, due to the pendency of the above Contempt Petition.

4. Admittedly, the issue involved in this Writ Petition has already been dealt by this Court in W.A.No.448 of 2020 (cited supra). The directions issued by this Court in the said appeal will govern the inter parties. Therefore, the respondents are directed to strictly adhere to the directions of this Court and prepare the seniority list on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioners are at liberty to make their representation to include their names in the seniority list.

5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 04.07.2024 Jer Index : Yes/No Internet : Yes/ No Speaking order / Non speaking order To 1.The Director Egmore, Chennai - 8.

2.The Deputy Director West Zone, Coimbatore.

3.The District Officer Erode.

G.K.ILANTHIRAIYAN, J., Jer

04.07.2024