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Madras High CourtWMP/17694/2023ordered

C.Gangatharan v. M.Mahendran

2023-06-21Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad2 pages

W.M.P.No.17694 of 2023 in W.P.(MD)No.7350 of 2022 W.M.P.No.17694 of 2023 in W.P.(MD)No.7350 of 2022 R.MAHADEVAN, J.

and SATHYA NARAYANA PRASAD, J.

(Order of the Court was made by R. MAHADEVAN, J.) This petition has been filed by the petitioners / third parties, to implead themselves as the respondents 3 to 9 in the above writ petition.

2. Heard Mr.L.Chandrakumar, learned counsel representing the petitioners/impleading respondents, who submitted that the issue involved in the writ petition relates to the determination of inter-se seniority among different categories of constabulary. The order impugned in the writ petition is the order of the fourth respondent, which was issued based on the direction issued by the learned judge to strictly adhere to the statutory rules and determine seniority based on the recruitment at the entry level, regardless of promotions granted on the basis of range-wise seniority.

The learned counsel further submitted that any order to be passed in this writ petition, particularly one that nullifies the accrued rights already conferred upon not only the petitioners, but also the similarly placed persons, who have been promoted to various levels, would potentially disrupt legitimate expectation and the legally conferred entitlements that have been established over a significant period of time. Thus, according to the learned counsel, the proposed respondents are necessary parties to the proceedings and any order to be passed in the writ petition, without hearing them, would adversely affect their interest and hence, this petition may be ordered.

https://www.mhc.tn.gov.in/judis Page No. 1/2

W.M.P.No.17694 of 2023 in W.P.(MD)No.7350 of 2022 R.MAHADEVAN, J.

and SATHYA NARAYANA PRASAD, J.

r n s

3. The learned counsel appearing for the respondents has no serious objection for ordering this petition.

4. Considering the reasons stated in the affidavit filed in support of this petition and also having regard to the no objection expressed on the side of the respondents, this petition is ordered as prayed for.

5. Registry is directed to carry out the necessary amendment in the writ petition.

[R.M.D., J.] [J.S.N.P., J.] 21.06.2023 (2/2) r n s W.M.P.No.17694 of 2023 in W.P.(MD)No.7350 of 2022 https://www.mhc.tn.gov.in/judis Page No. 2/2