A writ petition challenging a provisional seniority list was dismissed for lack of maintainability. The court held that since the respondent provided an opportunity to submit written objections, approaching the Constitutional Court prematurely without exercising the remedy was not permissible.
Writ petition dismissed. No costs.
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: 24.03.2015
CORAM: THE HONOURABLE DR.JUSTICE S.TAMILVANAN and
THE HONOURABLE MR.JUSTICE V.S.RAVI
W.P(MD)No.4207 of 2015 and MP(MD) 1 & 2 of 2015 P.Muthulakshmi ... Petitioner Vs.
1.The Registrar General, The High Court of Judicature, Chennai.
2.The Principal District Judge, Theni District,
Theni. ... Respondents
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, to call for the records pursuant to the impugned order passed by the 2nd respondent in letter dated 12.3.2015 consequently quash the report and revised seniority list dated on 1.7.2014 by the Appointing Committee and quash the same.
For Petitioner : Mr.K.Mahendran for Mr.K.Maharajan
For Respondents : Mr.N.Mohideen Basha
ORDER
(Order of the Court was made by S.TAMILVANAN,J)
This writ petition has been filed invoking Article 226 of the Constitution of India, seeking an order in the nature of Writ of Certiorari to call for the records pertaining to the letter dated 12.03.2015 issued by the Principal District Judge, Theni, the second respondent herein and quash the same and consequently to revise the seniority list dated 11.07.2014 by the competent authority.
2.Mr.K.Mahendran, learned counsel appearing for the petitioner drew the attention of this Court to Page Nos.20 and 21, a xerox copy of the memorandum issued by the Principal District Judge, Theni, the second respondent herein a provisional list for fixation of seniority.
3.It is also not in dispute that the persons who have objections in the seniority as per the provisional list are entitled to submit their objections on or before 31.03.2015.
4.Learned counsel appearing for the petitioner submits that the petitioner was selected to the post of Typist by the Tamil Nadu Public Service Commission. However, as per the earlier order, dated 01.07.2014 much juniors who were promotees to the cadre of Junior Assistants were placed above the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5.The aforesaid submission would not be sufficient to maintain this writ petition on the ground that there is no cause of action to
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maintain the writ petition as contended by Mr.N.Mohideen Basha, learned standing counsel for the respondents. It cannot be disputed that there is no legal grievance to the petitioner as it is open to her to submit her objection if any in respect of seniority to be fixed. When there is opportunity provided by the second respondent, by the impugned memorandum dated 12.03.2015, without submitting any objection in writing, straight away, the petitioner cannot approach this Court by way of writ petition, since there is no legal grievance and the second respondent himself has properly issued memorandum providing opportunity to the petitioner and other similarly placed employees working under the second respondent. Hence, the petitioner is at liberty to submit her written representation or objection before the second respondent through proper channel, according to law before the said date.
6.With the above observation, the writ petition is dismissed. No costs. Consequently, M.P(MD)Nos.1 and 2 of 2015 are closed.
Sd/Assistant Registrar(T&P) /True Copy/
Sub- Assistant Registrar
To 1.The Registrar General High Court of Judicature, Chennai. 2.The Principal District Judge, Theni District, Theni. Sms Sm:15.04.2015:2P/3C
W.P(MD)No.4207 of 2015 24.03.2015
3 issues framed by the court
Whether a writ petition challenging a provisional seniority list is maintainable when the party has been given an opportunity to submit written objections.
Whether evidentiary incompetence of the provisional list proceedings vitiates the petitioner's right to challenge it before Constitutional Courts.
If the petitioner can be directed to approach the trial court for revision of seniority list instead of a Constitutional Court.
P.Muthulakshmi
The Registrar General, The High Court of Judicature, Chennai
The Principal District Judge, Theni District, Theni
S.Tamilvanan
V.S.Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
