High Court dismissed a writ petition seeking merger of posts or creation of promotion channels in Tamil Nadu Judicial Ministerial Services, noting the benefit had already accrued to other petitioners and merger being an employer prerogative.
Writ petition dismissed. No costs. Connected miscellaneous petition closed.
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W.P.(MD) No.3175 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD) No.3175 of 2008 and M.P.(MD) No.3 of 2008
1.K.Mani
2.M.Soundrapandian
3.P.Murugalakshmi ... Petitioners
-vs-
... Respondents
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W.P.(MD) No.3175 of 2008
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to merge the post of Examiners, Readers, Senior Bailiffs in Tamil Nadu Judicial Ministerial Services with that of the post of Junior Assistants with effect from 03.07.2007 or directing the respondents to treat the post of Examiners, Readers, Senior Bailiffs as feeder category or to create channel for promotion to the post of Assistant with effect from 03.07.2007 in the Tamil Nadu Judicial Ministerial Services.
(Prayer amended vide Court Order dated 16.11.2016 in M.P.(MD) No.1 of 2009)
For Petitioners : Mr.M.E.Ilango for M/s.Ajmal Associates For Respondents : Mr.N.Tamilmani for R1 & R2 Mr.N.Satheesh Kumar Additional Government Pleader for R3
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The amended relief sought for in this writ petition is to direct the respondents 1 to 3 to merge the post of Examiners, Readers, Senior Bailiffs in
Page 2 of 5
W.P.(MD) No.3175 of 2008
Tamil Nadu Judicial Ministerial Services with that of the post of Junior Assistants with effect from 03.07.2007 or to direct the respondents to treat the post of Examiners, Readers, Senior Bailiffs as feeder category or to create a channel for promotion to the post of Assistant with effect from 03.07.2007 in the Tamil Nadu Judicial Ministerial Services.
2. Today, when the matter was taken up for hearing, learned counsel appearing for the respondents 1 & 2, on instructions, submitted that the first petitioner Thiru.K.Mani was retired from service on attaining the age of superannuation on 30.06.2013 and the other two petitioners, namely, Thiru.M.Soundrapandian and Tmt.P.Murugalakshmi were already promoted to the post of Assistant with effect from 05.07.2013 by order dated 17.10.2014.
3. Thus, the grievance of the petitioners 2 & 3 was already addressed and the first petitioner was retired from service on attaining the age of superannuation.
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W.P.(MD) No.3175 of 2008
4. More so, merger of posts or to treat a particular post as feeder category for promotion is the prerogative of the employer, which is to be considered in consonance with the Service Rules in force. In exercise of judicial review, High Court cannot interfere in such matters. Hence, we do not see any reason to adjudicate the grounds raised by the petitioners.
5. Accordingly, the writ petition fails and it is dismissed. No costs. Consequently connected miscellaneous petition is closed.
[S.M.S., J.] [V.L.N., J.]
05.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To: The Secretary to Government, Home Department, State of Tamil Nadu, Chennai.
_____________ Page 4 of 5_
W.P.(MD) No.3175 of 2008
S.M.SUBRAMANIAM, J. and V.LAKSHMINARAYANAN, J.
krk
W.P.(MD) No.3175 of 2008 and M.P.(MD) No.3 of 2008
05.10.2023
_____________ Page 5 of 5_
2 issues framed by the court
Whether the High Court can direct merger of posts or creation of promotion channels in Tamil Nadu Judicial Ministerial Services.
Whether the grievance of the remaining petitioners is maintainable given retirement or promotion of others.
K.Mani
M.Soundrapandian
P.Murugalakshmi
The Registrar General High Court of Judicature at Madras Chennai
The Principal District Judge Srivilliputtur Virudhunagar District
The State of Tamil Nadu
S.M.SUBRAMANIAM
V.LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
