S.Valaiyapathy v. The Executive Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.14501 to 14503 of 2016 S.Valaiyapathy ... Petitioner -vs1.The Executive Director, Indian Overseas Bank, Central Office, No.762, Anna Salai, Chennai - 2.

2.The General Manager, Industrial Relations Department / Personnel Administration Department, Indian Overseas Bank, Central Office.

Post Box No.3765, Chennai - 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the Impugned Circular in TRANSIENT SERIES (File F) Circular No.46 of 2016-17, dated 19.08.2016, on the file of the second respondent and quash the same as illegal

pertaining to filling up 110 vacancies of promotion from clerical to officer cadre through process ''A'' (SA Channel) within the time stipulated by this Court. For Petitioner : Mr.G.Karthick for M/s.Lajapathi Roy and Associates For Respondents : Mr.N.Dilip Kumar Standing Counsel

ORDER

This Writ Petition has been filed challenging the Circular in TRANSIENT SERIES (File F) Circular No.46 of 2016-17, dated 19.08.2016, on the file of the second respondent, pertaining to filling up 110 vacancies of promotional post from clerical to officer cadre through process ''A'' (SA Channel), within a time frame to be fixed by this Court.

2. Today, when the matter was taken up for hearing, the learned Standing Counsel appearing for the respondent Bank submitted that the Circular, which is impugned herein, has already been tested by this Court in W.P.(MD)No. 8188 of 2012. This Court, by order dated 26.03.2019, had dismissed the said Writ Petition. Challenging the said order, the petitioner has filed an appeal before this Court in W.A.(MD)No.675 of 2019. The said Writ Appeal has also been dismissed by a Division Bench of this Court on 08.07.2024. In view of the

similarity of the issue in both the Writ Petitions, nothing survives for further adjudication in this Writ Petition and hence, the learned Standing Counsel prayed for dismissal of the present Writ Petition.

3. Mr.G.Karthick, learned counsel for the petitioner has nothing to submit further.

4. In view of the above said submission of the learned Standing Counsel appearing for the respondent Bank, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : No 11.09.2024 Index : Yes smn2

L.VICTORIA GOWRI , J.

smn2 and W.M.P.(MD)Nos.14501 to 14503 of 2016 11.09.2024