The High Court dismissed a writ petition challenging the rejection of a request for six months' extension to join duty. The court held the petitioner selected for the 2011-12 batch could not avail benefits of time granted to 2012-13 appointees, especially as the specific post had been carried forward.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.02.2015
CORAM:
The Honourable Mr.Justice K.K.SASIDHARAN
W.P.No. 4952 of 2014
G. Ramadoss ...Petitioner
- Vs.-
1. The Deputy General Manager
Personnel Department
The Oriental Insurance Company Limited
Oriental House
A-25/27, Asaf Ali Road
New Delhi-110 002.
2. The Regional Manager
The Oriental Insurance Company Ltd.
Regional Office
United India Life Building
4th Floor, 4, Esplanade
Chennai-600 108. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying for a Writ of Certiorarified Mandamus to quash the
impugned order dated 11 December 2013 and consequently direct the
respondents to issue posting order to the petitioner in the post of
Administrative Officer (Scale - 1) Group "C"- (HR) at the Regional
Office, Chennai pursuant to the provisional appointment made by the
first respondent dated 5 December 2012.
For Petitioner : Mr.K. Raja Srinivas for Mr. C. Ananda Ramani For Respondents : Mr.N. Vijayaraghavan ORDER
The petitioner submitted application for appointment to the post of Administrative Officer (Scale-I) for the year 2011-2012. The appointment order was issued to him on 5 December 2012. The petitioner was directed to join duty forthwith. The petitioner
submitted a representation seeking six months' time to join duty. The application was rejected by the first respondent resulting in filing this writ petition.
has already carried forward the entire posts for the year 2012-2013. Therefore, it is very clear that there is no post as on the date on which the first respondent passed the impugned order. I am therefore of the view that there is no merit in the contention taken by the petitioner.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
Tr/
To
1. The Deputy General Manager
Personnel Department
The Oriental Insurance Company Limited
Oriental House
A-25/27, Asaf Ali Road
New Delhi-110 002.
2. The Regional Manager
The Oriental Insurance Company Ltd.
Regional Office
United India Life Building
4th Floor, 4, Esplanade
Chennai-600 108.
1 cc to Mr..N. Vijayaraghavan ,Advocate, SR.No.7135
W.P.No.4952 of 2014
rsk(Co)
pmk.5.3.2015
2 issues framed by the court
Whether the petitioner is entitled to an extension of time to join service equal to that granted to subsequent appointees selected for a different recruitment year.
Whether the respondents can be directed to issue a fresh posting order to the petitioner for a post designated as carried forward to a subsequent direct recruitment year.
G. Ramadoss
The Deputy General Manager, Personnel Department, The Oriental Insurance Company Limited
The Regional Manager, The Oriental Insurance Company Ltd.
K.K. Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
