N.Arumugam, S/O.Nainar, v. The Director Of Municipal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2024

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.16623 to 16625 of 2017 N.Arumugam : Petitioner Vs.

1.The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 009.

2.The Commissioner, Madurai Municipal Corporation, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of Tentative Seniority List of Basic Servants & Group D employees 2015 - 2016 prepared by the second respondent dated 23.11.2016 and quash the same and further direct the respondents to promote petitioner to the post of record clerk before the date of promotion to immediate junior of petitioner in service with all 1/5

monetary benefits within the time frame that may be stipulated by this Court.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondent No.1 : Mr.S.Kameswaran Government Advocate For Respondent No.2 : Mr.S.Vinayak Standing Counsel

O R D E R

This Writ Petition has been filed challenging the draft impugned seniority list dated 23.11.2016.

2.Learned Standing Counsel appearing for the second respondent would submit on instructions that objections have already been submitted by the petitioner with regard to the impugned draft seniority list dated 23.11.2016 and the second respondent will consider the same on merits and in accordance with law and only thereafter, the final seniority list will be published. 3.Learned Counsel for the petitioner on instructions would submit that the petitioner will be satisfied if the objections of the petitioner with regard to the impugned draft seniority list dated 23.11.2016 are considered on merits and in accordance with law by 2/5

the second respondent and thereafter, a final seniority list is published.

4.No prejudice will be caused to any of the parties if such a direction is issued by this Court.

5.For the foregoing reasons, this writ petition is disposed of, by directing the second respondent to consider the objections raised by the petitioner through his representation dated 26.10.2017 which has been filed as a document along with this writ petition on merits and in accordance with law in respect of the impugned draft seniority list dated 23.11.2016, after affording one personal hearing to the petitioner and to all interested persons, through a written notice to them and only thereafter publish the final seniority list. 6.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 16.10.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 009.

2.The Commissioner, Madurai Municipal Corporation, Madurai.

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ABDUL QUDDHOSE , J.

MR 16.10.2024 5/5