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Madras High CourtWMP/17440/2018disposed of

A.Balamurugan, v. The Additional Chief Secretary

2019-02-19Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Nineteenth day of February Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE S.M.SUBRAMANIAM W.M.P.Nos.17440, 17442, 17444, 17446, 17448, 17450, 17452, 17454, 17456, 17458, 15933, 15935, 15937, 15939, 15941, 15943, 15945, 15947, 15949, 19102 of 2018 in W.P.Nos.14757, 14758, 14759, 14760, 14761, 14762, 14763, 14764, 14765, 14766, 13520, 13521, 13522, 13523, 13524, 13525, 13526, 13527, 13528, 16073 of 2018 A.BALAMURUGAN ... PETITIONER in WMP No.17440 of 2018 S.GANESAN ... PETITIONER in WMP No.17442 of 2018 S.MURUGANANTHAM ... PETITIONER in WMP No.17444 of 2018 M.SUJATHA ... PETITIONER in WMP No.17446 of 2018 R.RAVISHANKAR ... PETITIONER in WMP No.17448 of 2018 P.NARMATHA ... PETITIONER in WMP No.17450 of 2018 S.EZHILAN ... PETITIONER in WMP No.17452 of 2018 R.SUGUNA ... PETITIONER in WMP No.

17454 of 2018 V.RAVIKUMAR ... PETITIONER in WMP No.17456 of 2018 K.BHAVANIDEVI ... PETITIONER in WMP No.17458 of 2018 M.THULASILAKSHMI ... PETITIONER in WMP No.15933 of 2018 T.ADHIYAMAN ... PETITIONER in WMP No.15935 of 2018 D.PRABAKARAN ... PETITIONER in WMP No.15937 of 2018 P.MANIMEKALAI ... PETITIONER in WMP No.15939 of 2018 M.PUNITHA ... PETITIONER in WMP No.15941 of 2018 T.THANIKACHALAM ... PETITIONER in WMP No.15943 of 2018 V.LOGANATHAN ... PETITIONER in WMP No.15945 of 2018 S.ARUMUGAM ... PETITIONER in WMP No.15947 of 2018 P.NAGARATHINAM ... PETITIONER in WMP No.15949 of 2018 G.SASIKUMARI ... PETITIONER in WMP No.

Vs 1 THE ADDITIONAL CHIEF SECRETA [1 & 2 RESPONDENTS IN ALL THE RY, TO GOVERNMENT, HOME (TRANSPORT IV) PETITIONS ] DEPARTMENT, SECRETARIAT, CHENNAI-9.

2 THE TRANSPORT COMMISSIONER CHEPAUK, CHENNAI-5.

3 T.AMALRAJ, S/O.THANGARASU, [3 TO 8 RESPONDENTS IN WP.15933/18 ] ASSISTANT, O/O ASSISTANT ACCOUNTS OFFICER, TRANSPORT DEPARTMENT CHENNAI SOUTH ZONE, CHENNAI 78.

4 G.GOPALAKRISHNAN S/O.K.G.ARUMUGAM (LATE) ASSISTANT O/O REGIONAL TRANSPORT OFFICER, COIMBATORE SOUTH, COIMBATORE.

5 M.KAMARAJ, S/O.S.P.MUTHUSAMY, ASSISTANT, O/O.STATE TRANSPORT AUTHORITY CHEPAUK, CHENNAI 05.

6 P.ARUNACHALAM, S/O.PALANISAMY, ASSISTANT, O/O.STATE TRANSPORT AUTHORITY, CHEPAUK, CHENNAI 05.

7 D.THIYAGARAJAN, S/O.R.DHARANIMUTHU, ASSISTANT, O/O.STATE TRANSPORT AUTHORITY, CHEPAUK, CHENNAI 05.

8 A.RAJA, S/O.ANGAMUTHU, ASSISTANT, O/O.STATE TRANSPORT AUTHORITY, CHEPAUK, CHENNAI 05.

[R.3 TO 8 ARE IMPLEADED AS PER ORDER DATED 6.7.2018 BY SPIJ IN WMP.20360/2018 IN WP.13520/2018 ] Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to 1 WMP No.17440 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017,

2 WMP No.17442 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 3 WMP No.17444 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 4 WMP No.17446 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 5 WMP No.17448 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 6 WMP No.17450 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 7 WMP No.17452 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.

2017, 8 WMP No.17454 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 9 WMP No.17456 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 10 WMP No.17458 of 2018 To stay the impugned order passed by the first respondent herein in his Letter No.76210/ Tr.IV/2015-9 dated 1.12.2017, 11 WMP No.15933 of 2018 to stay the impugned order passed by the first respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017, 12 WMP No.15935 of 2018 To stay the impugned order passed by the 1st respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017 13 WMP No.15937 of 2018 to stay the impugned order passed by the first respondent herein in his Letter No. 76210/Tr.

IV/2015-9 dated 01.12.2107 14 WMP No.15939 of 2018 To stay the impugned order passed by the 1st respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.

15 WMP No.15941 of 2018 to stay the impugned order passed by the first respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017, 16 WMP No.15943 of 2018 to stay the impugned order passed by the first respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017, pending disposal of the above writ petition 17 WMP No.15945 of 2018 to stay the impugned order passed by the first respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017, 18 WMP No.15947 of 2018 To stay the impugned order passed by the 1st respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017 19 WMP No.15949 of 2018 to stay the impugned order passed by the first respondent herein in his Letter No. 76210/Tr.IV/2015-9 dated 01.12.2017, 20 WMP No.

19102 of 2018 To STAY the impugned order passed by the first respondent herein in his letter No.76210 / Tr. IV / 2015 - 9 dated 01.12.2017 Order : These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.RAVI SHANMUGAM, Advocate for the petitioner in each the petitions and of M/S.S.T.S.MOORTHY, AAG Assisted by M/S.V.KATHIRVELU, Special Government Pleader on behalf of the respondents in all the petitions and of M/S.G.SANKARAN, Advocate for the 3 to 8 respondents in WMP.No.15933/2018 the court made the following order:- The learned counsel for the petitioner fairly made a submission that the adjudication of the issues raised in the present writ petitions require some deliberations.

However, on account of the interim orders granted, the entire promotional opportunity of the employees to the post of Office Superintendents is stalled. The post of Office Superintendent is the important post in the establishment of the Government Department. Thus, large number of posts of Office Superintendents cannot be kept vacant and unfilled for unspecified period in the interest of public administration as well as in the interest of persons who are all aspiring to get promotion to the post of Office Superintendent. The interim orders already granted by this Court requires modification. Accordingly, following orders are passed: (i) The interim orders granted by this Court on 06.07.2018 stands vacated.

(ii) The respondent department is directed to grant promotions to all the eligible persons as per the rules in force without any further lapse of time.

2. However, it is made clear that all such promotions granted during the pendency of the writ petition are subject to the final orders to be passed in the present writ petitions. The said position may be clarified in the promotion orders which are all to be issued hereafter.

3. The other grounds which are raised in the writ petitions are to be decided at the time of final hearing. Accordingly, vacate stay petitions and stay petitions stand disposed of.

4. Registry is directed to list the Writ Petitions for final hearing after two weeks.

-sd/- 19/02/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL CHIEF SECRETA RY, TO GOVERNMENT, HOME (TRANSPORT IV) DEPARTMENT, SECRETARIAT, CHENNAI-9.

2 THE TRANSPORT COMMISSIONER CHEPAUK, CHENNAI-5.

COPY TO 3 THE SECTION OFFICER, WRIT SECTION, HIGH COURT, CHENNAI.

C.C. to M/S.RAVI SHANMUGAM Advocate Sr.No.2495 C.C. to M/S.G.SANKARAN, Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in W.M.P.Nos.17440, 17442, 17444, 17446, 17448, 17450, 17452, 17454, 17456, 17458, 15933, 15935, 15937, 15939, 15941, 15943, 15945, 15947, 15949, 19102 of 2018 in W.P.Nos.14757, 14758, 14759, 14760, 14761, 14762, 14763, 14764, 14765, 14766, 13520, 13521, 13522, 13523, 13524, 13525, 13526, 13527, 13528, 16073 of 2018 Date :19/02/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(25/02/2019)