Petitioner sought mandamus for inclusion in absorption proposal as Accounts Clerk-Clerical Grade III based on an interim status quo order. The underlying permanent-status order was set aside in a separate writ petition now under writ appeal. The court closed this petition, leaving the petitioner to seek interim relief from the Division Bench.
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.P.No.23664 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.09.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.23664 of 2015
and
M.P.Nos. 1 and 2 of 2015
D.Kavitha
... Petitioner
Vs.
Villupuram District – 606207.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
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India, to issue a Writ of Mandamus, directing the second respondent to include the name of the petitioner in the proposal sent by him to the first respondent dated 20.07.2015 for absorption to the post of Accounts Clerk-Clerical Grade III.
For Petitioner : Mr. R.Rengaramanujam
For Respondents : Mrs. M.Jayanthy, Additional Government Pleader (for R1)
Mr. Bala Ramesh, Additional Government Pleader (for R2 & R3)
ORDER
The petitioner has filed this Writ Petition directing the second
respondent to include the name of the petitioner in the proposal sent by him to the first respondent dated 20.07.2015 for absorbing him into the post of Accounts Clerk-Clerical Grade-III.
2 . Heard Mr. R.Rengaramanujam, learned Standing Counsel for
the petitioner, Mrs. M.Jayanthy, learned Additional Government Pleader appearing for the first respondent and Mr. Bala Ramesh, learned Additional Government Pleader appearing for the second and third Page No.2 of 6
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respondents and perused the materials available on record.
3. Earlier, the petitioner had filed proceedings before the authority constituted under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act, 1981, and obtained an order in his favour on 12.01.2011, regarding his permanent status, which was challenged by the second respondent/Sugar Mill by filing W.P. No. 25641 of 2011. No interim order was granted in the said Writ Petition. The order granting permanent status in favour of the petitioner was in force. Taking into account of these facts, an interim order to extend the status quo as on 04.08.2015 was allowed to be maintained.
4. Now it is learnt that W.P. No. 25641 of 2011 has been allowed on 15.11.2019. Naturally, that would change the status which prevailed on 04.08.2015 while granting the interim order. However, the petitioner submitted that he has filed a Writ Appeal challenging the order passed in W.P. No. 25641 of 2011. Hence, the petitioner's entitlement to get absorbed in the third respondent/Sugar Mill would depend upon the
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outcome of the Writ Appeal filed by the petitioner.
5. In view of the above change of circumstances, and considering
the fact that the petitioner has to canvass his claim before the Hon'ble Division Bench of this Court in pending the Writ Appeal, this Writ Petition has to be closed. However, the petitioner can move before the Hon'ble Division Bench of this Court in which the Writ Appeal is pending, for getting any interim order, if he is so advised.
6. Accordingly, this Writ Petition is closed. Consequently, the connected Miscellaneous Petitions are closed. No costs.
04.09.2024
Index : Yes /No Speaking / Non-speaking Neutral Citation : Yes / No kv
To
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W.P.No.23664 of 2015
R.N.MANJULA, J.
kv
W.P.No.23664 of 2015
04.09.2024
Page No.6 of 6
1 issue framed by the court
Whether the petitioner's name should be included in the proposal for absorption to the post of Accounts Clerk-Clerical Grade III, given that the order conferring permanent status was later set aside a
2 provisions across 2 enactments
D.Kavitha
The State of Tamil Nadu, Rep. by its Director of Sugars, Department of Sugars
The Management Director, Kallakurichi-II Co-operative Sugar Mills Ltd.
The Management of Kallakurichi-II Co-operative Sugar Mills Ltd., Rep by its Board
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
