A.Satheesh Kannan v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.Nos.1 to 3 of 2014 1.A.Satheesh Kannan 2.S.Muralikrishnan 3.P.Muthukumar 4.K.Loganathan 5.S.Mythili 6.K.V.Navaneetham 7.D.Balamurugan 8.M.Dharmarajan 9.L.Pachiappan 10.S.Vellathurai 11.D.Rajesh 12.T.M.Sarawathi 13.K.Kavitha 14.R.Vasukumar 15.B.Srinivasan 16.G.Parvathinathan 17.S.Senthilkumar 18.A.Saravanan 19.K.Deepa 20.V.Thirumurugan 21.V.Srinivasan 22.K.Karthikeyan 23.D.Elavarasan 24.N.Murugan 25.R.Suresh Babu 26.T.Ashokkumar 1/9

27.S.Vetrivel 28.P.Kavitha 29.P.Priya 30.T.Latha 31.P.Sundari 32.M.Bharathi 33.P.Baskaran 34.K.Jayakumar 35.J.Ezhilarasi

...Petitioners

Vs.

1.The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Fort St.George, Chennai - 600 009.

2.A.Suga, Assistant Section Officer, Personnel and Administrative Reforms Department, Secretariat, Fort St.George, Chennai - 600 009. 3.M.Bagyalakshmi, Assistant Section Officer, Housing and Urban Development, Secretariat, Fort St.George, Chennai - 600 009. 4.S.Kamalakannan ,Assistant Section Officer, Adi Dravida and Tribal Welfare Department, Secretariat, Chennai - 600 009.

5.K.Selvarani, Assistant Section Officer, Adi Dravida and Tribal Welfare Department, Secretatiat, Chennai - 9.

6.V.Balakrishnan, Assistant Section Officer, Personnel and Administrative Reforms Department, Secretariat, Chennai - 9.

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7.K.Rajamanickam, Assistant Section Officer, Public Department, Secretariat, Chennai - 9.

8.S.M.Annadurai, Assistant Section Officer, Highways Department, Secretariat, Chennai - 9. 9.A.Rama, Assistant Section Officer, Health and Family Welfare Department, Secretariat, Chennai - 9.

10.G.Karthikeyan, Assistant Section Officer, Tamil Development, Religious Endowment and Information Department, Secretariat, Chennai - 9. 11.R.Karpagavalli, Assistant Section Officer, Tourism and Culture Department, Secretariat, Chennai - 9.

12.K.Sivakumar, Assistant Section Officer, Industries Department, Secretariat, Chennai - 9. 13.T.M.Kalpana, Assistant Section Officer, Information Technology Department, Secretariat, Chennai - 9.

14.L.Lyonisus Jaya Suji, Assistant Section Officer, Home Department, Secretariat, Chennai - 9.

15.D.Mahalakshmi, Assistant Section Officer, Home Department, Secretariat, Chennai - 9.

16.R.Venkatesan, Assistant Section Officer, Revenue Department, Secretariat, Chennai - 9. 17.S.Srinivas, Assistant Section Officer, Public Department(without prejudice on other duty) Secretariat, Chennai - 9.

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18.T.Shanmugasundaram, Assistant Section Officer, Housing an Urban Development, Secretariat, Chennai - 9.

19.C.Umamaheswari, Assistant Section Officer, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

20.R.Lakshmanan, Assistant Section Officer, Public Department, Secretariat, Chennai - 9.

21.V.Vaithiyanathan, Assistant Section Officer, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 9.

22.R.Mahalakshmi, Assistant Section Officer, Personnel and Administrative Reforms Department, Secretariat, Chennai - 9.

23.R.Kumuthalakshmi, Assistant Section Officer, Personnel and Administrative Reforms Department, Secretariat, Chennai - 9.

24.R.Sivakumar, Assistant Section Officer, Personnel and Administrative Reforms Department, Secretariat, Chennai - 9.

25.S.Banumathi, Assistant Section Officer, Higher Education Department, Secretariat, Chennai - 9. 26.S.S.Kumaravel, Assistant Section Officer, Personnel and Administrative Reforms Department, Secretariat, Chennai - 9.

27.O.Karthikeyan, Assistant Section Officer, Municipal Administration and Water Supply Department, Secretariat, Chennai - 9.

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28.S.Prabha, Assistant Section Officer, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai - 9.

29.T.S.Revathi, Assistant Section Officer, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai - 9.

[R2 to R29 impleaded as per order dated 07.06.2022 in M.P.No.4/2014 in W.P.No.5391/2014] ..Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the Respondent in G.O.(4D).No.72, P & AR (H) Department, dated 18.12.2013 passed by the Respondent and quash the same and consequentially direct the Respondent to promote the 1st and 5th petitioners as Section Officers in the Secretariat as per G.O.(4D).No.13, P & AR (H) Department dated 11.04.2012 and further direct the Respondent to promote the 6th to 35th petitioners for promotion in the existing vacancies of Section Officer for the year 2012-13 and 2013-14 forthwith. For Petitioners : Mr.Ananth.K For Mr.S.Siva Shanmugam For Respondents : M/s.S.Anitha Special Government Pleader[For R1] Mr.V.Vijay Shankar [For R2 to R29] 5/9

ORDER

The learned Special Government Pleader appearing on behalf of the 1st respondent furnished the copy of the order passed by the Government in G.O.(4D).No.28 dated 30.06.2016 by stating that the petitioners were promoted already. The very same writ petitioners filed writ petition in W.P.No.28405 of 2013, which was closed by this Court on 14.11.2017.

2. It is brought to the notice of this Court that the very same writ petitioners have already filed yet another writ petition in W.P.No.12664 of 2013 and the said writ petition was also closed on 05.07.2018 on the ground that the grievances of the petitioners were redressed. The orders passed in the above writ petition reads as under:

" 2.Mr.M.Elumalai, the learned Government Advocate appearing on behalf of the first respondent made a submission that the grievance of the writ petitioners is already redressed and they were appointed under regular panel of Assistant Section Officers fit for appointment as Section Officers for the year 2014 - 2015 and the writ petitioners were already promoted to the post of Section Officers. In this regard, G.O.(4D).No.27 Personnel and Administrative Reforms (H1) Department dated 30.06.2016 and G.O.(4D).No.28, Personnel 6/9

and Administrative Reforms (H1) Department dated 30.06.2016 were issued. In view of the fact that the grievance of the writ petitioners are redressed, no further adjudication is needed to be entertained. It is also informed that the impleaded respondents in implead petition viz., M.P.No.3 of 2013 in W.P.No.12664 of 2013 were also promoted to the post of Section Officers. Thus, the grievance of all the aggrieved persons are settled and no further consideration is required in this matter.

3. Accordingly, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed."

3. In view of the facts and circumstances, no further adjudication required in respect of the grounds raised in the present writ petition and accordingly, the writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 07.06.2022 (1⁄2) Index : Yes Speaking order:Yes kak 7/9

To The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Fort St.George, Chennai - 600 009.

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S.M.SUBRAMANIAM, J.

kak (1⁄2) 07.06.2022 9/9