S.Subashini v. The Additional Chief Secretary

1/3 W.A.No.36 of 2020 S.VAIDYANATHAN,J.

AND A.A.NAKKIRAN,J.

This matter is listed today under the caption ''For Being Mentioned'', at the instance of the learned counsel for the appellant.

2. Though the Writ Appeal has been allowed, learned counsel for the appellant has sought for a specific mentioning in the order as to position of the appellant in the seniority.

3. Reading of the prayer in the Writ Petition would disclose that the appellant/writ petitioner wants to be placed above S.Jayavel, fifth respondent, and below Komala in the seniority.

4. According to the learned counsel for the appellant, if there is any ambiguity with regard to the position, it may create a problem and the relief granted in the Writ Appeal may not be effectively given, if a clarification to that effect is not made in the order.

5. We find much force in the submission of the learned counsel for the appellant. Accordingly, Paragraph 7 in the judgment, dated 28.09.2021, passed in W.A.No.36 of 2020, stands replaced as under:

2/3 ''7. In the result, this Writ Appeal is allowed. The order of the learned single Judge, dated 04.09.2019, is set aside. The respondents are directed to grant the benefits to the appellant/writ petitioner, by fixing her seniority above S.Jayavel, fifth respondent, and below Komala, within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, the connected C.M.P.is closed.''

6. Registry is directed to issue corrected copy of the order to the parties.

(S.V.N.,J.) (A.A.N.,J.) 09.02.2023 dixit

3/3 S.VAIDYANATHAN,J.

AND A.A.NAKKIRAN,J.

dixit W.A.No.36 of 2020 09-02-2023