A writ petitioner challenged a promotion panel where a junior officer was selected over her. The Court dismissed the petition holding that the petitioner had voluntarily waived her seniority prior claims through requests for transfer and an admitted waiver, rendering the panel valid without interference.
The writ petition was dismissed; no costs awarded.
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 : 13.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.19837 of 2004
S. Umarani ... Petitioner
Vs. 1. Regional Deputy Director of Survey & Land Records, Tiruchirapallai - 20. 2. Assistant Director of Survey & Land Records, Thanjavur - 1. 3. C. Paneer Selvam ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with proceedings reference No.Na.Ka.Aa.8.5538/04, dated 22.06.2004 for the year 2004-05 empaneling for promotion to post of Land Record Draughtsman so far as it includes the name of the 3rd respondent and quash the same and direct the respondents 1 and 2 herein to promote the petitioner to the post of Land Record Draughtsman in the Thanjavur District on the basis of her prior entry to the District.
For Petitioner : Mr. K. Ramkumar
The order under challenge in the present writ petition is the Promotion panel for the post of Land Record Draughtsman, in which the 3rd respondent name finds place. The grievance of the petitioner is that the 3rd respondent is the junior to the petitioner herein and as such, his name ought not to have been included in the promotion panel.
Sd/-
Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
vsi2
To
Survey & Land Records, Tiruchirapallai - 20.
+1cc to Mr.K.Sudalaikannu, Advocate SR.No.13750
+1cc to Government Pleader SR.No.13442
W.P.No.19837 of 2004
KS(CO) GMY(06/03/2019)
3 issues framed by the court
Whether the petitioner can challenge the promotion panel after voluntarily waiving her seniority claim to be placed at the bottom of the list.
Whether the court should interfere with the seniority drawn based on the petitioner's request for transfers and waiver of seniority.
Whether the writ petition seeking quashing of the promotion panel and direction for promotion should be allowed.
1 provisions across 1 enactments
S. Umarani
Regional Deputy Director of Survey & Land Records, Tiruchirapalli
Assistant Director of Survey & Land Records, Thanjavur
C. Paneer Selvam
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
