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Madras High CourtWA/1095/2020dismissed

S.Meghalina v. K.Saravana Kumar

2021-01-07Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.Nos.1095 and 1101 of 2020 W.P.No.1095 of 2020:

S.Meghalina ...Appellant Vs.

1. K.Saravana Kumar

2. G.S.Madhavan

3. V.Anbu

4. M.Ramamurthy

5. R.Srinivasa Perumal

6. N.Silambarasan

7. G.Gopi

8. The Home Secretary

9. The Director General of Police 10.The Secretary 11.G.Vanitha 12.S.P.Lavanya 13.S.Sakthivel

14.S.Arockiyam 15.V.Geetha 16.R.Sughasini 17.Ramesh Babu

...Respondents

W.P.No.1101 of 2020:

S.Arockiyam ...Appellant Vs.

1. K.Saravana Kumar

2. R.Srinivasa Perumal

3. N.Silambarasan

4. G.Gopi

5. D.Ramesh Babu

6. The Home Secretary

7. The Director General of Police

8. The Secretary

9. S.Arumugasamy 10.K.Suresh Kumar 11.A.Thangavelu 12.P.Ravi 13.K.Gunasekaran 14.N.Kumar 15.M.Chandrasekaran 16.D.Sankaran 17.K.Josh Thangiah 18.R.Rajaram 19.B.Shridevi 20.S.P.Lavanya 21.G.S.Madhavan 22.S.Sakthivel 23.A.Anbu

...Respondents

Prayer: Appeals filed under Clause 15 of the Letters Patent against the order dated 15.7.2020 and duly extended in W.M.P.No.2648 of 2020 in W.P.No.2268 of 2020 and in W.M.P.No.10399 of 2020 in W.P.No.8602 of 2020. 1 WP.No.8602 of 2020 Writ Petition under article 226 of the Constitution of India praying that in these circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue writ in nature of writ of mandamus calling for the records of the respondent and quashing the impugned panel for promotion in G.O.Ms.No.229 dated 09.06.2020, Home (Police 1A) Department and consequently directing the respondents 1 to 3 to prepare a fresh panel with a fresh seniority list based on the marks obtained in the Group I services, 2006-07 examination conducted by the Tamil Nadu Public Service Commission.

2 WP.No.2268 of 2020 Writ Petition under article 226 of the Constitution of India praying that in these circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue writ in nature of writ of mandamus Writ of Mandamus directing the respondents to prepare a seniority list based on he merits and the marks obtained in the Group I Services, 200607 examination conducted by the Tamil Nadu Public Service Commission.

3 WMP.No.10399 of 2020 To grant an order of ad-interim stay of the panel of Additional Superintendent of police/ Additional Deputy Commissioner of Police fit for promotion as superintendent of police/ Deputy Commissioner of police published in G.o.Ms.No.229 dated 09.06.2020 Home (Police 1A) department by illegally following the Roaster system of fixation of seniority 4 WMP.No.2648 of 2020 To an grant ad - interim injunction restraining the respondents from preparing and publishing the panel of Additional Superintendent of Police / Additional Deputy Commissioner of Police fit for Promotion as Superintendent of police / Deputy Commissioner of police of following the Roaster system of fixation of seniority, pending disposal of the present writ petition.

For Appellants : Mr.R.Prabhakaran

COMMON JUDGMENT (Delivered by SENTHILKUMAR RAMAMOORTHY,J.) We heard Mr.R.Prabhakaran, learned counsel for the appellants.

2. These appeals are directed against an interim order dated 15.7.2020, which was subsequently extended by order dated 14.8.2020. Upon perusal of the two interim orders, it is clear that they are purely ad-interim in nature and the learned Judge extended the earlier interim order on the basis that the parties had not filed their counters in the matter.

3. Accordingly, we are not inclined to entertain these appeals at this juncture. It is open to the appellants to file petitions to vacate the interim order and take the matter forward before the learned Single Judge.

W.A.Nos.1095 and 1101 of 2020 are dismissed. No costs. Consequently, C.M.P.Nos.13367 and 13507 of 2020 are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar sasi To

1. The Home Secretary

2. The Director General of Police

3. The Secretary W.A.Nos.1095 and 1101 of 2020 PA(CO) SP(27/01/2021)