Single Judge dismissed a writ petition filed by a staff association challenging the promotion of a specific employee who obtained a law degree without prior permission. The Court held the association lacked standing as it was not an aggrieved individual and the issue was already adjudicated.
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: 08.12.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
W.P.No.5267 of 2001
Tamil Nadu State Construction Corporation Limited Staff & Employees Association - Regd.No.842/TIN rep by its General Secretary No.4, Sivan West Street Tirunelveli 9. Petitioner Vs 1.Tamil Nadu State Construction Corporation Ltd., rep by its Managing Director, Jawaharlal Nehru Salai Jainagar Arumbakkam, Chennai 600 106.
2.The Chairman Tamil Nadu State Construction Corporation Ltd., (Secretary to Government Highways Department) Fort St.George Chennai 600 009.
3.The Government of Tamil Nadu
rep by the Secretary to Government Highways Department, Fort St.George Chennai 600 009.
4.A.Robinson
5.G.J.B.Anand Kumar
6.L.Sankaranarayanan
7.Bangalore University rep by its Registrar Bangalore. Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration that promotion of the 4th respondent A.Robinson as Superintendent (Admn.), vide proceedings No.706/86/A2 dated 09.07.1999 as illegal, arbitrary
and violative of Articles 14 and 16 of the Constitution of India and consequently revert the 4th respondent, place him below M.Velayutham and C.Rajakumar and other seniors to the 4th respondent, recover the loss to the Corporation from the 4th, 5th and 6th respondents due to the illegal promotion of the 4th respondent.
For petitioner : Mr.K.M.Ramesh For R2 : Mr.V.Jayaprakash Narayanan Special Govt.Pleader For R3 : Mr. S. Gunesekaran AGP For R4 : Mr.R.Parthiban
O R D E R
This petition has been filed by the Tamil Nadu State Construction Corporation Limited Staff & Employees Association, challenging the promotion granted to A.Robinson, fourth respondent herein on the ground that he had acquired his B.L. degree while he was in service.
"3. The Writ Petition was admitted on 9.11.1999. Pending the Writ Petition, no interim order of relief was granted to the petitioner union. Pursuant to the notice, the third respondent has filed a counter affidavit dated 15.9.2008 and the third respondent had asserted that he had obtained a Degree of Law from the Bangalore University. Even the genuineness of the said degree was verified by the first respondent and the Bangalore University had certified that he had obtained the Law Degree. With reference to not seeking permission from the employer, proceedings were initiated and the third respondent was let off with a warning.
made by the Employees Union and the same cannot be now reagitated by the Employees Association under a different garb.
In the result, this petition is dismissed as devoid of merits. No costs.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar gms To 1.Tamil Nadu State Construction Corporation Ltd., rep by its Managing Director, Jawaharlal Nehru Salai Jainagar Arumbakkam, Chennai 600 106. 2.The Chairman Tamil Nadu State Construction Corporation Ltd., (Secretary to Government Highways Department) Fort St.George Chennai 600 009. 3.The Government of Tamil Nadu rep by the Secretary to Government Highways Department, Fort St.George Chennai 600 009. +1cc to Mr.K.M. Ramesh, Advocate, S.R.No.72360 +1cc to Mr.R. Parthiban, Advocate, S.R.No.72283 skv(CO) md(11/01/2017)
W.P No.5267 of 2001
3 issues framed by the court
Whether a petitioner association can challenge the promotion of a member of the same establishment filed under Article 226.
Whether the promotion of the fourth respondent is maintainable when challenged by an association that is not an aggrieved individual.
Whether the petition is devoid of merits given the respondent's prior entitlement to a law degree and previous judicial orders on the matter.
Colour shows how this judgement treated each authority
P.Ramu v. The Secretary, Bar Council of Tamil NaduReferred¶20
P.Ramu v. The Secretary, Bar Council of Tamil Nadu, High Court, Chennai and others in W.P. (MD) No.3731 of 2011 dated 20.04.2016
B.Madhan v. The Registrar, University of MadrasReferred¶20
B.Madhan v. The Registrar, University of Madras and others in W.P.No.15284 of 2010 dated 10.12.2014
M.Vetri Selvan v. High Court of Judicature at MadrasDistinguished¶27
M.Vetri Selvan v. High Court of Judicature at Madras [(2015) 1 CTC 129]
Tamil Nadu State Construction Corporation Limited Staff & Employees Association
Tamil Nadu State Construction Corporation Ltd.
The Chairman Tamil Nadu State Construction Corporation Ltd.
The Government of Tamil Nadu
A.Robinson
G.J.B.Anand Kumar
P.N.Praakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
