This Writ Appeal challenged the dismissal of an appeal regarding the seniority list. The High Court dismissed the appeal, holding that Article 16(4A) does not entitle petitioners to impugn the list merely because Corporation Rules lacked specific reservation provisions.
The Writ Appeal is dismissed. No costs. Connected miscellaneous petition is closed.
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.
W.A.No.1215 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023
CORAM:
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.1215 of 2012 and M.P.No.1 of 2012
Vs.
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45)O.K.Rajkumar Shannjeeve
46)R.Sundararajan 47)K.Maduraiveeran 48)P.Kandasamy 49)A.Viswanathan 50)S.Malairaju 51)N.Vellaisamy 52)M.Krishnalingam ... Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent, may be pleased to set aside the order of the learned Judge passed in W.P.No.18291 of 2011 dated 27.04.2012.
For Appellants : M/s. Row and Reddy
For RR 1 to 6 : Mr.P.Anandakumar, Government Advocate
For RR 7 & 8 : Mr.K.Rajkumar For R12 : Mr.Sundar Narayan For RR 15 to 21 : No Appearance
J U D G M E N T
This Writ Appeal is directed against the order of the learned Single
Judge, dated 27.04.2012, in and by, the writ petition filed by the appellants was dismissed by the learned Single Judge.
2. In the writ petition, the appellants had impugned the seniority list on
the ground that the reserved category candidates should have been placed in the appropriate places.
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3.
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3. The learned Single Judge found that when the Corporation Rules and
Regulations does not have provisions for reservation, merely on the basis of Article 16 (4A) of the Constitution of India, which is only an enabling provision, enabling an employer to reserve posts alongwith consequential seniority by itself will not entitle the petitioner to impugn the seniority list.
4. In that view of the matter, no exception can be taken for the said finding of the learned Single Judge of this Court and therefore, this Writ Appeal fails and is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(J.N.B., J.,) (D.B.C., J.,) 21.06.2023
Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No Speaking Order / Non-Speaking Order
sts
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To:
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J. NISHA BANU, J. , and D.BHARATHA CHAKRAVARTHY, J.,
sts
Judgment made in W.A.No.1215 of 2012
Dated: 21.06.2023
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P.Selvaraj and others
The Chief Secretary to Government and others
J.Nisha Banu
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
