Madras High CourtWMP/3927/2017stay made absolute

Mr.P.Muralikannan v. The Commissioner,

2017-02-16Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Sixteenth day of February Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE M. SATHYANARAYANA WMP No.3927 of 2017 IN WP.3862/2017 MR.P.MURALIKANNAN [ PETITIONER ] SANITARY INSPECTOR, ZONE III, (NALLUR), TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR, TIRUPPUR DISTRICT.

Vs 1 THE COMMISSIONER, [ RESPONDENTS ] TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR DISTRICT.

2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI.

3 N.RAJENDRAN SANITARY OFFICER, TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR DISTRICT.

4 S.MURUGAN SANITARY OFFICER, TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR DISTRICT.

5 H.RAMACHANDRAN SANITARY OFFICER, TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR DISTRICT.

6 M.PICHAI SANITARY OFFICER, TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR DISTRICT.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the order of promotion dated 22.8.2016 in Na.Ka. No.C1/ 6798/2015 on the file of the respondent No.1,(IN WMP.NO.3927/2017) pending disposal of the above writ petition.NO.3862/2017

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.T.ARUNAN, Advocate for the petitioner and of M/S.P.SHANTHI FOR RESPONDENT 1 AND M/S.P.SANJAIGANDHI FOR RESPONDENT 2 the court made the following order:- Mrs.P. Shanthi, learned Standing counsel accepts notice on behalf of the firs respondent. Mr.P.Sanjai Gandhi, learned Additional Government Pleader accepts notice on behalf of the 2nd respondent.

2. Learned counsel for the petitioner would submit that the postponement of increment for a period of three years was reduced to one year and it was over on 29.12.2012 itself and despite the same, the respondents 3 to 6, who were juniors, promoted as Sanitary Officers and therefore, prays for interim order.

3. Since the impugned order is belatedly challenged, this Court is not inclined to grant interim stay of the order of promotion of respondents 3 to 6 However, the promotion of respondents 3 to 6 as Sanitary Officers, is subject to the result of the writ petition. This miscellaneous petition is disposed of accordingly. -sd/- 16/02/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE COMMISSIONER, TIRUPPUR CITY MUNICIPAL CORPORATION, TIRUPPUR DISTRICT.

2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI.

C.C. to M/S.M.T.ARUNAN Advocate SR.NO.2016 Order in WMP.3927/2017 in WP.3862/2017 Date :16/02/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DG(23/02/2017)