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Madras High CourtCMP/27883/2023ordered

R.Ramanan v. N.Mahalingam

2023-12-11Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

C.M.P. No.27883 of 2023 in WA. SR. No. 142636 of 2023 R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J (Order of the court was made by R.Mahadevan, J.) This petition is filed by the petitioners/ third parties seeking to grant leave to file a writ appeal as against the order dated 03.03.2022 passed by the learned Judge in WP No. 23342 of 2019.

2.According to the learned counsel for the petitioners, the petitioners herein were initially appointed as Junior Assistant / Typist on compassionate grounds and were subsequently promoted as Assistants; and they are now working as Joint Sub Registrar II at Vellore and Avadi respectively. It is further submitted that the respondents 1 to 10 / writ petitioners were directly recruited as Assistants in the Registration Department through TNPSC and they have filed the aforesaid WP. No.23342 of 2019 seeking to quash the proceedings dated 07.06.2016 and 02.02.2018 inso far as fixing seniority of the 13th respondent (R.Sridhar at Sl. No.113) and others, who have been placed above the writ petitioners and consequently, direct the respondent authorities to 1/4

promote them as Sub Registrars Grade II, by treating them as seniors to the 13th respondent and others. In the said writ petition, the respondents 14 to 32 herein were subsequently impleaded as respondents 4 to 22 herein. However, the petitioners whose position in the seniority list dated 07.06.2016 is at Sl. Nos. 302 and 314 respectively, have not been impleaded in the said writ petition. By the order impugned herein, the learned Judge has erroneously allowed the writ petition by setting aside the orders passed by the respondent authorities and directing them to prepare a fresh seniority list by assigning proper seniority between the writ petitioners and the respondents 14 to 32 herein. Pursuant to the order of the learned Judge, the 12th respondent issued a proceedings dated 11.08.

2022, in which, the names of the petitioners have not been found place, for promotion to the post of Sub Registrar Grade II. Thus, the learned counsel submitted that the petitioners are aggrieved by the order of the learned Judge and hence, they seek permission of this court to file a writ appeal as against the same.

3.Heard the learned Special Government Pleader appearing for the respondent authorities, who has no objection for granting such relief to the petitioners.

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4.After hearing both sides and also considering the reasons stated in the affidavit filed in support of this petition, leave is granted to the petitioners herein and this petition is ordered accordingly. (R.M.D., J) (M.S.Q., J) 11.12.2023 av 3/4

R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J av C.M.P. No.27883 of 2023 in WA. SR. No. 142636 of 2023 11.12.2023 4/4