In this writ petition, the petitioners sought an ad-interim injunction to restraint the respondents from proceeding with a promotion exercise without first redrawing seniority lists in accordance with Statutory Rules. The High Court considered the prayer and disposed of the petition.
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
( Special Original Jurisdiction )
Wednesday, the Thirteenth day of November Two Thousand Nineteen
PRESENT
THE HON`BLE MR JUSTICE M.DHANDAPANI
WMP No.16177 of 2019
WP.NO.16540 OF 2019
1 T.MUTHAIYAN [ PETITIONERS ]
2 S.ALBERT WILSON,
3 P.RAJASEKARAN
4 C.JENSHI,
5 B.NAGENDIRAN
6 G. KAVITHA
7 S.V.RADHAKRISHNAN
8 K.PANNEERSELVAM
9 A V S SARAVANAKUMAR
10 T.N.RAMAMOORTHY,
Vs
1 THE PRINCIPAL SECRETARY TO GOVERNMENT, [ RESPONDENT ]
LABOUR AND EMPLOYMENT DEPARTMENT,
FORT ST. GEORGE, CHENNAI - 600 009.
2 THE PRINICIPAL SECRETARY TO GOVERNMENT,
PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT,
FORT ST. GEORGE, CHENNAI - 600 009.
3 THE COMMISSIONER OF LABOUR,
DMS COMPLEX, CHENNAI - 600 006.
4 THE ADDITIONAL COMMISSIONER OF LABOUR, ADMINISTRATION) DMS COMPLEX, CHENNAI - 600 006.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order ad interim injunction, restraining the respondents from in any manner proceeding with the promotion of Assistants as Upgraded Superintendents/ Superintendents for the year 2018-2019 without first re-drawing thee seniority made in No. G1/58376/2010 dated 18.09.2018 in strict adherence to the Statutory Rules by assigning appropriate placement to the petitioners in the Assistant cadre, (in WMP.No.16177/2019) pending disposal of the above WP.No.16540/2019
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of CHANDRAKUMAR L., Advocate for the petitioner the court made the following order:-
This Miscellaneous Petition is filed to grant an ad interim injunction, restraining the respondents form in any manner proceeding with the promotion of Assistants as upgraded Superintendents/Superintendents for the year 2018-2019 without first re-drawing the seniority made in No.G1/58376/2010 dated 18.09.2018 in strict adherence to the Statutory Rules by assigning appropriate placement to the petitioners in the Assistant cadre, pending disposal of the above petition.
Heard the learned counsel appearing for the petitioner.
This Court is not inclined to grant ad-interim direction as prayed for by the petitioner. Accordingly, the same is dismissed.
-sd/13/11/2019
Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
1 THE PRINCIPAL SECRETARY TO GOVERNMENT, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.
2 THE PRINICIPAL SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.
3 THE COMMISSIONER OF LABOUR, DMS COMPLEX, CHENNAI - 600 006.
4 THE ADDITIONAL COMMISSIONER OF LABOUR, (ADMINISTRATION) DMS COMPLEX, CHENNAI - 600 006.
C.C. to CHANDRAKUMAR L. Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104.
Order
in
WMP.16177/2019
in
WP.No.16540/2019
Date :13/11/2019
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
SM/21/11/2019
2 issues framed by the court
Whether the High Court should grant an ad-interim injunction restraining the respondents from proceeding with promotions.
Whether the seniority list must be redrawn in adherence to Statutory Rules before carrying out promotions for the year 2018-2019.
T. Muthaiyan
S. Albert Wilson
P. Rajasekaran
C. Jenshi
B. Nagendiran
G. Kavitha
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
