R.Sumathi v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.16538 & 16539 of 2024 R.Sumathi ... Petitioner Vs.

1.The Director, 2.The Deputy Director(Administration), 3.A.Glarance Rani, Assistant, Office of District Officer, Virudhunagar District.

4.K.Dhayabharan, Assistant, Office of District Officer, Egmore, Chennai District.

5.H.Prakash, Assistant, Office of District Officer, Vellore District.

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6.D.Yesuraj, Assistant, Office of District Officer, Chennai Central, Kilpauk, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned "Draft Revised State wise Seniority List" published by the 2nd respondent dated 09.07.2024 and quash the same as illegal and unconstitutional and consequently direct the respondent 1 and 2 to promote the petitioner as a Superintendent by fixing her name in the Seniority List over and above the private respondents herein within the time stipulated by this Court. For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 & R2 * * * * *.

ORDER

The instant writ petition has been filed by an Assistant working in the office of District Officer Fire and Rescue Services Department at Theni District, challenging the "draft revised state wise seniority "C" list" on 09.07.2024, issued by the second respondent office.

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2.A perusal of the impugned order reveals that it is only a draft seniority list, the aggrieved employees were requested to submit their objection on or before 18.07.2024.

3.Accordingly, the petitioner has submitted his objection letter on 16.07.2024 to the second respondent herein. The primary grievances of the writ petitioner is that this Court by an order dated 03.03.2022 in W.P.(MD)No. 23342 of 2019 had directed the authorities to prepare a fresh seniority list and assign proper seniority based upon the observations made by this Court. However, the present draft seniority list has been prepared in violation of the order of this Court dated 03.03.2022.

4.According to the writ petitioner, the present impugned "draft revised state wise seniority "C" list" is in violation of this Court dated 03.03.2022. 5.In view of the above said facts, the second respondent herein is directed to consider the objection of the writ petitioner dated 16.07.2024, in the light of the order of this Court in W.P(MD)No.23342 of 2019, dated 03.03.2022, before finalising the seniority list.

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6.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 13.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR Note: Issue order copy on 14.08.2024 To 1.The Director, 2.The Deputy Director(Administration), 4/5

R.VIJAYAKUMAR , J.

RJR and W.M.P(MD)Nos.16538 & 16539 of 2024 13.08.2024 5/5