S.Kalimuthu v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2024 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE K. KUMARESH BABU CMP Nos.1134 and 1135 of 2017 and W.P.No.10923 of 2017 and WMP No.11888 of 2017 S.Kalimuthu ... Appellant in W.A.No.63/2017
1. R.Ranganathan
2. S.Sakthimanikandan
3. R.Srinivasan
4. L.Nandakumar
5. P.Duraisamy
6. L.Kannan
7. S.Rajendran
8. K.Chinnachamy
9. M.Murugan ... Appellants in W.A.No.64 of 2017
B.V.Babu ... Appellant in W.A.No.65/2017
1. G.Tamil Selvan
2. S.Sudhakar
3. A.S.Murugan
4. R.Sureshkumar
5. P.S.Srinivasan
6. J.Jayakanth
7. B.Sivakumar
8. K.Sundaresan
9. R.Saravanan
10. M.Kamaraj
11. T.K.Ganesan
12. R.Senthilnathan ... Appellants in W.A.No.66/2017
1. S.Natarajan
2. G.Veerappan
3. K.Vijayakumar
4. K.Sampathkumar ... Petitioners in Vs.
1. Government of Tamil Nadu, rep. by its Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.
2. Principal Secretary/Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.
3. N.Mahesan, Executive Engineer, Zone 12 (Alandur) Corporation of Chennai, Alandur, Chennai.
... Respondents in all the writ appeals and writ petition.
PRAYER in W.A.No.63/2017 Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order dated 25.11.2016 in W.P.No.21364 of 2015 and consequently, direct the respondents 1 and 2 not to treat the third respondent to have joined the post of Assistant Executive Engineer as 8.10.1999 for the purpose of seniority, promotion etc.
PRAYER in W.A.No.64/2017 Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order dated 25.11.2016 in W.P.No.22704 of 2015 and consequently, direct the respondents 1 and 2 not to treat the third respondent to have joined the post of Assistant Executive Engineer as 8.10.1999 for the purpose of seniority, promotion etc.
PRAYER in W.A.No.65/2017 Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order dated 25.11.2016 in W.P.No.14244 of 2015 and consequently, direct the respondents 1 and 2 not to treat the third respondent to have joined the post of Assistant Executive Engineer as 8.10.1999 for the purpose of seniority, promotion etc.
PRAYER in W.A.No.66/2017 Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order dated 25.11.2016 in W.P.No.37693 of 2015 and consequently, direct the respondents to treat the third respondent had joined the second respondent Corporation as Assistant Engineer in May 1998 being the date of re-designation and on that basis fixed the seniority of the third respondent in the post of Assistant Engineer and promoted posts or in the alternative treat the third respondent to have joined the post of Assistant Executive Engineer on 25.10.2011 being the date of merger and fix his seniority on that basis in the post of Assistant Executive Engineer and promoted posts. PRAYER in W.P.No.10923 of 2017 :
Writ petition is filed under Article 226 of Constitution of India, for issuance of a writ of Certiorarified Mandamus, after calling for the concerned records from the first and second respondent, quash the order of the first respondent G.O.(pa)No.27, Municipal Administration Water Supply (MaNa-3) Department, dated 03.02.2017 and the consequential order of the second respondent dated 3.2.2017 bearing Po.thu. Na.Ka.E1 / 9700/2012 as
illegal, arbitrary and contrary to law and consequently direct the respondents to treat the third respondent had joined the second respondent Corporation as Assistant Engineer in May 1998 being the date of re-designation and on that basis fix the seniority of the third respondent in the post of Assistant Engineer and promoted posts or in the alternative treat the third respondent to have joined the post of Assistant Executive Engineer on 25.10.2011 being the date of merger and fix his seniority on that basis in the post of Assistant Executive Engineer and promoted posts.
In W.A.Nos.63, 64,65 and 66 of 2017 For Appellant in : Mr.V.Karthik, Senior Counsel W.A.No.63/2017 for M/s Balan Haridas For Appellant/s in : Mr. Balan Haridas W.A.Nos.64,65,66/2017 For Respondents : Mr.P.Balathandayutham, in W.A.No.63 to 66/2017 Spl. Govt. Pleader for R1 Mrs.Aswini Devi. K.
for R2 (Corporation) Mr.T.Ranganathan for R3 In W.P.No.10923 of 2017 For Petitioners : Ms.R.Vaigai, Senior Counsel for Mr.Balan Hridas
COMMON JUDGMENT and ORDER (Order of the Court was delivered by D.KRISHNAKUMAR, J.) Today, when the matters were listed for hearing, the learned counsel for the appellants in the writ appeals and the petitioners in the writ petition seeks permission of this court to withdraw the writ appeals as well as the writ petition. To that effect, he has also made an endorsement.
2. Recording the submission and the endorsement made by the learned counsel for the appellants as well as the writ petitioners, the writ appeals in W.A.Nos.63,64,65 and 66 of 2017 and the writ petition in W.P.No.10923 of 2017 are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. (D.K.K.J.) (K.B.J.) 04.04.2024 Internet: Yes/No Index : Yes/No mst To
1. The Principal Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.
2. Principal Secretary/Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.
3. N.Mahesan, Executive Engineer, Zone 12 (Alandur) Corporation of Chennai, Alandur, Chennai.
D.KRISHNAKUMAR, J.
and K. KUMARESH BABU , J.
mst 04.04.2024