Madras High CourtWP(MD)/24406/2016dismissed

S.Kannan, v. The State Of Tamil Nadu

2023-06-23Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.17625 & 4660 of 2016 W.P.(MD)No.24406 of 2016 1.S.Kannan 2.K.Vijayalakshmi 3.S.Jelina Neethi Bai Petitioners Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Tamil Nadu Development & Information Department, Secretariat, Chennai.

2.The Director of Stationary & Printing, 3.The Joint Director of Stationary & Printing, 1/8

4.The Assistant Director of Stationary & Printing, 5.S.Babu Michael 6.C.Revathi 7.R.Sengodan Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings No.,af;f nr.K.M.vz;.rp3/4157/2016 dated 30.06.2016 and quash the same as illegal and consequentially to direct the respondents 1 to 3 to promote the petitioners as Junior Foreman in conformity with their qualification within the period that may be stipulated by this Hon'ble Court.

For Petitioners : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.R.Suresh Kumar - for R1 to R4 Additional Government Pleader No Appearance - for R5 & R6 Tapal returned - for R7 2/8

W.P.(MD)No.5202 of 2016 1.S.Kannan 2.S.Jelina Neethi Bai 3.K.Vijayalaksmi 4.C.Balasubramaniyam 5.A.Amalorpavametilda Petitioners Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Tamil Nadu Development & Information Department, Secretariat, Chennai.

2.The Director of Stationary & Printing, 3.The Joint Director of Stationary & Printing, 4.The Assistant Director of Stationary & Printing, No.110, Anna Salai, Chennai - 2.

5.S.Kalaiselvi 6.T.A.Murugesan 3/8

7.K.Seenivasamoorthy 8.S.Avvaiselvi 9.S.Maliga 10.P.Sumathi 11.G.Kanniammal 12.M.Lakshmi 13.M.Amuthavalli Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings No.,af;f nr.K.M.vz;.rp3/4157/2016 dated 26.02.2016 and quash the same as illegal and consequentially to direct the respondents 1 to 3 to promote the petitioners as Junior Foreman in conformity with their qualification within the period that may be stipulated by this Hon'ble Court.

For Petitioners : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.R.Suresh Kumar - for R1 to R4 Additional Government Pleader No Appearance - for R5, R7 to R10 & R12 Not ready - for R6, R11 & R13 4/8

COMMON ORDER The aforesaid writ petitions are filed challenging the impugned order, dated 13.06.2016 with a consequential direction to the respondents 1 to 3 to promote the petitioners as Junior Foreman based on their qualification.

2. Heard on either side. Perused the material documents available on records.

3. The contention of the petitioners is that they are eligible to be considered for the post of Junior Foreman. The petitioners had served as Book binder. The post of Book binder is one of the feeder categories to the post of Foreman.

4. However the learned Additional Government Pleader appearing for the respondents submitted that the rules are amended, vide G.O.Ms.No.471, Tamil Development, Religious Endowments and Information (S & P I-1), dated 29.11.2007 with retrospective effect on and from 01.03.1978 under Rule 2 of the said G.O.

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5. The said Rule also includes persons who have completed ITI qualification in the feeder category. According to the petitioners this condition is affecting their chance of promotion. By retrospective amendment their chance is deprived retrospectively.

6. This Court is of the considered opinion that once the rules are amended, then the petitioners ought to challenge the amended rule. Hence the present petition cannot be entertained. However, the petitioner is at liberty to challenge the Rules.

7. With these observations and directions, this Writ Petition stands dismissed.

Index : Yes / No 23.06.2023 Internet : Yes ksa 6/8

To 1.The State of Tamil Nadu Rep. by its Secretary to Government, Tamil Nadu Development & Information Department, Secretariat, Chennai.

2.The Director of Stationary & Printing, 3.The Joint Director of Stationary & Printing, 4.The Assistant Director of Stationary & Printing, 7/8

S.SRIMATHY, J ksa Common Order made in 23.06.2023 8/8