The Madurai Bench held that in matters concerning promotions and fixation of seniority, the established law requires that actions taken during a writ petition remain subject to its outcome. Consequently, the Court dismissed the Writ Appeal seeking a stricter interim injunction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.03.2014 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.A.(MD)No.192 of 2014 and M.P(MD)Nos.1 and 2 of 2014 R.Elavarasan ... Appellant/ Petitioner/Petitioner Vs.
1.The Secretary, Department of Personnel and Administrative Reforms, Fort St.George, Chennai-600 009.
2.The Secretary, Department of Commercial Tax and Registration, Fort St.George, Chennai-600 009.
3.The Inspector General of Registration, No.100, Santhome High road, Chennai-600 028.
4.The Additional Inspector General of Registration (The Nodal Officer), Adi Dravidar & Scheduled Tribe Welfare, No.100, Santhome High Road, Chennai-600 028.
5.I.Vincent Reeta 6.S.Nagaraj Anandhakumar 7.K.Chidambara Bharathi 8.M.S.Vijaya 9.P.Latha 10.S.Sundaravadivel 11.N.Tamilselvi 12.G.Nithiyanandham 13.S.Sobhana 14.R.Nagasubramanian 15.M.Usha 16.K.Ganeshan 17.J.Bhathirinarayanan 18.R.Rajendran 19.T.Kashavan 20.M.Amshabai 21.G.Karthikeyan 22.S.Vijayakumar https://hcservices.ecourts.gov.in/hcservices/ 23.R.Ramalingam 24.T.Vijaya Raju 25.C.Palanirajan 26.C.Kamachi 27.M.Raja
... Respondents/ Respondents
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28.J.Gandha Soruban
29.S.Karuppiah ... Respondent 27 to
29/Petitioners 2 to 4
Prayer : Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated28.01.2014, made in M.P.(MD)No.3/2013 in W.P.(MD)No.3555 of 2013.
Prayer in MP(MD). 3/ 2013 in WP(MD).3555/2013 :
This Miscellaneous petition praying that the circumstances stated therein and in the affidavit filed therewith the High Court till be pleased to pass an order of Interim Injunction, restraining the Respondent No.3 from finalizing and publishing the panel for promotion to the post of Sub Registrar Grade- II for theyear 2012-2013 pending disposal of the alone WP(MD). 3555/ 2013.
Prayer in WP(MD). 3555/ 2013 :
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertainign to the Impugned Panels for promotion to the post of Sub Registrar Grade-II for the year 2008-09 in No.18000/A3/2008 dated 26.06.2008, for the year 2009-10 in No.17000/A3/2009 dated 03.11.2009, for the year 2010-11 in No.11500/A3/2010 dated 25.06.2010 and for the year 2011-2012 in No.15151/A3/2011 dated 13.10.2011 on the file of the Respondent No.3 and quash the same as illegal and consequently to direct the Respondent No.3 to re-draw the panels for promotion to the post of Sub Reigstrar Grade - II for the year 2008 to 2012 by considering the claim of the petitionr for inclusion of the senior most SC/ST candidates in the said pands order open category and condusion of the petitioners in the resouel category for SC/ST Category within the time stipulated by this Hon'ble Court.
For Respondents: Mr.A.K.Baskara Pandian,
1 to 4 : Spl.Govt.Pleader.
JUDGMENT
(Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J )
The above writ appeal arises out of the interim order passed by the learned Judge stating that any promotion made during the pendency of the writ petition will be subject to the result of the main writ petition.
2.Heard Mr.T.Lajapathi Roy, learned counsel for the appellant. Mr.A.K.Baskara Pandian, learned Special Government Pleader, takes notices for the respondents 1 to 4.
3.The appellant, along with three others, namely, the respondents 27, 28 and 29 herein, filed a writ petition in W.P.(MD)No.3555 https://hcservices.ecourts.gov.in/hcservices/ of 2013 on the file of this Court, praying for quashing of the panels, for recruitment by transfer, to the post of Sub-Registrar, Grade-II, for the years 2008-2009, 2009-2010, 2010-2011 and 2011-2012 and for a direction to the Inspector General of Registration to re-draw the panels, after considering the claim of the petitioners.
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4.At the time when the writ petition came-up for admission, the learned Judge issued Notice of Motion, returnable in eight weeks. Along with the writ petition, the writ petitioners had also prayed in M.P.(MD)No.3 of 2013 for an interim order of injunction, restraining the Inspector General of Registration from finalising and publishing the panel for promotion. On the said prayer for interim relief, the learned Judge passed an order to the following effect:
"Any promotion made will be subject to the result of the main writ petition."
5.It is against the above order, one of the writ petitioners has come-up with the above writ appeal, contending that the promotions granted during pendency of the writ petition will complicate the matter further and aggravate the sufferings of persons like him. Therefore, the appellant contends that the learned Judge ought to have granted interim order of injunction.
6.It is well settled that insofar as the matters relating to promotion, drawal of panels, fixation of seniority, etc. are concerned, the only interim order that could be passed is to the effect that anything done during the pendency of the writ petition will be subject to the outcome of the writ petition. Therefore, the order passed by the learned Judge is strictly within the mandate of law and we do not find any reason to interfere with the same. Therefore, the writ appeal is dismissed. No costs. Connected M.P.(MD)Nos.1 and 2 of 2014 are also dismissed.
7.Office is directed to check up completion of service of notice on all the respondents and list the writ petition for final hearing, before the concerned Court, in the 3rd week of March, 2014.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
and Registration,Fort St.George, Chennai-600 009.
The Section Officer, Writ Section (Notice & Posting) Madurai Bench of Madrash High Court, Madurai.
https://hcservices.ecourts.gov.in/hcservices/ TS/12.03.2014/3P-7C
JUDGMENT IN W.A.(MD)No.192/2014 and M.P.(MD)Nos.1&2/2014 Dated:05.03.2014
1 issue framed by the court
Whether the High Court should interfere with the Single Judge's order that promotions made during the pendency of a writ petition in regard to fixation of seniority and panels are subject to the resul
R. Elavarasan
The Secretary, Department of Personnel and Administrative Reforms
The Inspector General of Registration
V. Ramasubramanian
V. M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
