Petitioners sought a single writ petition for joint promotion grievances. The court held there was no common cause of action due to different facts for each petitioner and dismissed the application.
Application to join separate writs as a single petition dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )
Wednesday, the Twenty Second day of March Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
WMP(MD) No.3928 of 2017 IN WP(MD) No.SR16824 of 2017
1 K.SANKAR
4 H.SRINIVASAN
... PETITIONERS/PETITIONERS
Vs
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners herein to join together and file a Single Writ Petition.
Prayer in WP(MD) No.SR16824 of 2017:- To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 1st respondent in Letter No.10385/Nee.Va.1(1)/2015-2 dated 14.08.2015 and quash the same as illegal and consequently direct the Respondents to follow the ratio at 50:50 for further promotion to the post of High School Headmaster and P.G. Assistant in the light of the same nature of ratio fixed and followed for promotion to the post of Higher Secondary School, Headmaster by way of G.O.Ms.No.720, Education Department, dated 28.04.1981, notifying the Tamilnadu Higher Secondary Education Service Special Rules or follow the date of regular appointment to the post of B.T.Assistant either from the direct recruitment source other than the contractual appointees to the post of B.T Assistants regularized subsequently or from the promotion source to the post of B.T.Assistant for further promotion by placing the petitioners over and above direct recruits appointed in excess of their quota of 50% in the post of B.T.Assistant or pass any other appropriate Writ, https://hcservices.ecourts.gov.in/hcservices/ Order or Direction as this Honourable Court may deem fit in the circumstances of the case and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.SELVANAYAGAM, Advocate for the petitioners,the court made the following order:-
The learned counsel for the petitioners submits that since common typed set is filed, they must be permitted to file a single writ petition.
There is no common cause of action in this case, The facts are different in respect of each petitioner and there is separate/different cause of action, hence this petition is dismissed.
sd/22/03/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
+1. C.C. to M/S.D.SELVANAYAGAM Advocate SR.No.13745 pmu
CSL/PM-PN/SAR-III/24.03.2017 :2P/4C
ORDER IN WMP(MD) No.3928 of 2017 IN WP(MD) No.SR16824 of 2017 Date :22/03/2017
1 issue framed by the court
Whether petitioners seeking to join separate writs for individual promotion grievances constitute a common cause of action.
1 K.Sankar and others
The State of Tamil Nadu rep. by the Secretary to Government, Education Department
The Director of School Education
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
