T.Muthukumaran v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2023
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA W.P.
No.35648 of 2019 and W.P.No.6375 of 2020 T.Muthukumaran ... Petitioner Vs.
1.Union of India, Rep by its Secretary to Government, Department of Fertilizers, Ministry of Chemicals and Fertilizers, Government of India, Shastri Bhavan, New Delhi 110 001.
2.The Secretary, Department of Public Enterprise, 3.The Secretary, Department of Personnel and Training, 4.The Chairman and Managing Director, Page No.1 of 8
5.The General Manager - P & A,
6. R.Elanchitran
7. N.Jagannivasan
8. S.Sundararajan
9. T.Liyarani (R7 to R9 were impleaded vide order dated 10.10.2023 made in W.M.P.No.24672 of 2023) ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned recruitment notification dated 25.09.2019 and its corrigendum dated 25.10.2019 issued by the 5th respondent and quash the same and consequently, direct the respondents 4 and 5 to follow the settlement made in Clause 6.07 of Section 18(1) of the Industrial Disputes Act dated 20.09.2018, DPE order No.F.No.DPE-GM01/0001/2015-GM-FTS-4857, dated 14.12.2015 and DOPT O.M.No.36011/1/98-Estt.(Res) dated 01.07.1998. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.M.Arvind Kumar, SCGPC for R1 & R3 : Mr.Jayesh Dolia, Senior Counsel for Mr.S.Radhakrishnan for R4 & R5 W.P.
No.6375 of 2020 1.R.Prasath 2.S.Krishna Prabu Page No.2 of 8
3.N.Gopi 4.C.Anitha 5.Mohammed Riyaz Deen A 6.K.P.Jyothi Babu 7.R.Rajarajan 8.Balasubramanian S 9.Vinod Kumar P 10.Naresh Kumar V 11.Sankar R 12.Yogindhar Prasad MV 13.Bharat Kumar Marisetti 14.E.V.Arul 15.M.C.Saravanan 16.Bharat Lalchand Godi 17.V. Prabakaran 18.R.Valampuri John 19.T.Venkadasubramanian 20.P.Venkatesan 21.M.Ahilan 22.M.Kumaran 23.D.Manikandan ... Petitioners Vs.
1.Union of India, Rep by its Secretary to Government, Department of Fertilizers, Ministry of Chemicals and Fertilizers, Government of India, Shastri Bhavan, New Delhi 110 001.
2.The Secretary, Department of Public Enterprise, Page No.3 of 8
3.The Secretary, Department of Personnel and Training, 4.The Chairman and Managing Director, 5.The General Manager - P & A, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned recruitment notification dated 25.09.2019 issued by the 5th respondent and quash the same and consequently, direct the respondents 4 and 5 to promote the petitioners as Supervisory posts viz., E1.
For Petitioners : Mr.K.Balu For Respondents : Mr.M.Sathyan, ACGSC for R1 to R3 : Mr.Jayesh Dolia, Senior Counsel for Mr.S.Radhakrishnan for R4 & R5 COMMON ORDER The Writ Petition in W.P.No.35648 of 2019 has been filed seeking to issue a Writ of Certiorarified Mandamus to call for the records of the impugned recruitment notification dated 25.09.2019 and its corrigendum Page No.4 of 8
dated 25.10.2019 issued by the 5th respondent and quash the same and consequently, direct the respondents 4 and 5 to follow the settlement made in Clause 6.07 of Section 18(1) of the Industrial Disputes Act dated 20.09.2018, DPE order No.F.No.DPE-GM-01/0001/2015-GM-FTS-4857, dated 14.12.2015 and DOPT O.M.No.36011/1/98-Estt.(Res) dated 01.07.1998.
2. The Writ Petition in W.P.No.6375 of 2020 has been filed seeking to issue a Writ of Certiorarified Mandamus to call for the records of the impugned recruitment notification dated 25.09.2019 issued by the 5th respondent and quash the same and consequently, direct the respondents 4 and 5 to promote the petitioners to Supervisory posts viz., E1.
3. When the matters are taken up today, the learned Senior Counsel appearing for the respondents 4 and 5 in both the Writ Petitions submitted that the impugned notification dated 25.09.2019 has been withdrawn.
Page No.5 of 8
4. In that case, nothing will prevent the respondents 4 and 5 to consider the petitioners' names for promotion, if they are found to be eligible and suitable as per the promotion policy and the Settlement.
5. With the above observations, these Writ Petitions are disposed and the respondents 4 and 5 are directed to consider the petitioners' for promotion, if they are found to be eligible and suitable as per the promotion policy and the Settlement. No costs. 06.11.2023 Index : Yes Internet : Yes/No gsk Page No.6 of 8
To 1.The Secretary to Government, Department of Fertilizers, Ministry of Chemicals and Fertilizers, Government of India, Shastri Bhavan, New Delhi 110 001.
2.The Secretary, Department of Public Enterprise, 3.The Secretary, Department of Personnel and Training, 4.The Chairman and Managing Director, 5.The General Manager - P & A, Page No.7 of 8
R.N.MANJULA , J.
gsk W.P.No.35648 of 2019 and W.P.No.6375 of 2020 06.11.2023 Page No.8 of 8