The High Court of Madras dismissed a writ petition challenging orders relating to seniority refixing and upgradation of Municipal Commissioners. The court held the petition became infructuous as petitioners had already been promoted in 2011.
Writ Petition dismissed as infructuous. 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 : 01.12.2020
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P.No.17598 of 2007 (O.A.No.1409 of 2004)
1.S.Ramamoorthy
2.C.Vijayakumar 3.P.Janaki 4.R.Poongodi Arumaikan ... Petitioners Vs. 1. Government of Tamil Nadu Rep. by Secretary to Government, Municipal Administration and Water Supply Department, Chennai – 600009.
(Representing the Superintendents of
the Directorate of Municipal Administration). ... Respondents
PRAYER : Originally this petition has been filed as Original Application No.1409 of 2004 before the Tamil Nadu Administrative Tribunal at Chennai and after abolition of TNAT, petition has been transferred and numbered as W.P.No.17598 of 2007.
Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to (1)
Govt.Lr.No.6287/ME.I/2002 – 2 dated 23.09.2002 and (2) G.O.(4D) No.4, Municipal Administration and Water Supply Department, dated 26.08.1997 herein to refix the seniority of the Applicants in the category of Municipal Commissioners, Grade III as per Rule 2(c) of the Special Rules for Tamil Nadu Municipal Commissioner Subordinate Service and consequently refix the upgradation list of Municipal Commissioners, Grade II, issued in G.O.Ms.No.221, Municipal Administration and Water Supply Department, dated 28.09.1999 and to grant consequential service and monetary benefits including promotion, by preparing presumptive panel every year commencing from 1989 onwards as per Rules depending upon the vacancy that has arisen during the relevant period and by including the names of the Applicants in the appropriate place and year, within a time limit.
For Petitioners: Mr.M.Ravi
For Respondents: Mr.K.Magesh
Special Government Pleader [for R1 to R3]
ORDER
This Writ Petition has been filed challenging Govt.Lr.No.6287/ME.1/2002–2 dated 23.09.2002 and G.O.(4D)No.4, Municipal Administration and Water Supply Department, dated 26.08.1997, to refix the seniority of the petitioners in the category of Municipal Commissioners, Grade III as per Rule 2(c) of the Special Rules for Tamil Nadu Municipal Commissioner Subordinate Service and consequently refix the upgradation list of Municipal Commissioners, Grade II, issued in G.O.Ms.No.221, Municipal Administration and Water Supply Department, dated 28.09.1999 and to grant consequential service and monetary benefits including promotion, by preparing presumptive panel every year commencing from 1989 onwards as per Rules depending upon the vacancy that has arisen during the relevant period and by including the names of the petitioners in the appropriate place and year, within a time limit.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
sni
To
1.Secretary to Government of Tamil Nadu,
Municipal Administration and Water Supply Department,
Chennai – 600009.
2.The Commissioner of Municipal Administration,
Chepauk, Chennai – 600005.
3.K.Kanagaraj,
Assistant Commissioner,
City Municipal Corporation,
Coimbatore.
(Representing the Assistant
Section Officers of the Secretariat).
4.P.Murugesan
Municipal Commissioner,
Virudhunagar.
(Representing the Superintendents of
the Directorate of Municipal Administration).
+1 cc to The Government Pleader, Sr.No. 38662
W.P.No.17598 of 2007
UM(CO)
RMP(19/01/2021)
1 issue framed by the court
Whether the writ petition survives for adjudication given the petitioners' subsequent promotion in 2011.
1 provisions across 1 enactments
1.S.Ramamoorthy and others
Government of Tamil Nadu
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
