Retired Steno-Typists sought deemed regularization as Assistants with seniority and quashing of parts of G.O.Ms.No.24 to secure combined seniority for promotion as Superintendents. The court held G.O.Ms.No.256 segregated the Steno-Typist cadre with its own promotional avenues, so no grievance survives; writ petitions dismissed without costs.
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.Nos.27224 & 27225 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.P.Nos.27224 & 27225 of 2009
1.P.Alagu 2.T.Indira
3.R.Manimekalai
4.T.Gowri
5.G.Leelavathi 6.S.R.Gomathy 7.R.Radha
8.T.Vijayakumari
9.R.Usha Priyadharsini
10.M.Sudeethkumar
11.N.Chandra
12.G.Ravi
13.P.Kannammal
14.R.Vijayalakshmi
15.K.Renukadevi 16.I.Roselin Juliet Mary 17.M.Paulraj 18.K.Amirthamani 19.N.Mahadevi 20.S.Savithri 21.V.Kalaimani 22.C.Edward Samuvel 23.P.Vandarkuzhali 24.S.Nirmaladevi 25.S.Manoharan 26.V.Anbuselvi
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W.P.Nos.27224 & 27225 of 2009
27.G.Kulanji 28.N.Chandra 29.D.Flora Karolina 30.J.Alamelu 31.N.Kannammal 32.Y.Gnana Suganthi 33.C.Umamageswari 34.G.Ramani 35.M.Ramu 36.M.K.Latha 37.V.M.Gnanakumar 38.S.Manogari 39.S.Nirmala 40.K.Kanagavalli 41.A.Santha ... Petitioners in W.P.No.27224 of 2009 1.M.Rani 2.P.Bannumathi 3.M.Suseela 4.L.Sabapathy 5.Ponmary 6.Y.Gnanasuganthi 7.R.Sukumaran 8.G.Seshukumari ... Petitioners in W.P.No.27225 of 2009 Vs. 1.The State of Tamil Nadu, Represented by the Principal Secretary, Home (Courts-V) Department, Fort St.George, Chennai – 9.
2.The Secretary to Government, Personal & Administrative Reforms, B-Department, Fort St.George, Chennai – 9.
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W.P.Nos.27224 & 27225 of 2009
High Court Madras,
Chennai – 600 104.
... Respondents in both
W.P's
Prayer in W.P.No.27224 of 2009: Writ Petition is filed under Article 226 of the Constitution of India in the nature of Writ of Mandamus, directing the respondents to deem and regularize all the existing steno typists, Grade-III working in the Tamil Nadu Judicial Ministerial Service who were originally appointed prior to 01.08.1992 as Assistants with effect from 13.03.2002 with all the necessary consequential service seniority, and monetary benefits in tune with the date of their original appointment and consider them for future promotion to the post of Superintendents on the basis of such seniority in common and intersee along with all other feeder posts.
Prayer in W.P.No.27225 of 2009: Writ Petition is filed under Article 226 of the Constitution of India in the nature of Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in connection with the 1st respondent's order in G.O.Ms.No.24 Home (Courts-V) Department, 09.01.2009 and quash the paras-3(a) (b), (d) and (f) of the same and direct the 1st respondent to consider the steno typists Grade-II working in the Tamil Nadu Judicial Ministerial Service for promotion to the post of Superintendent on the basis of a combined seniority fixed on the basis of their date of appointment along with all other equal categories and Cadres constituting feeder posts for the post of Superintendent and to issue necessary consequential amendments to the Tamil Nadu Judicial Ministerial Service in accordance with law.
For Petitioners : Mr.C.Umashankar (in both W.P's)
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W.P.Nos.27224 & 27225 of 2009
| For R1 and R2 | : Mr.P.Ananda Kumar |
|---|---|
| Government Advocate (in both W.P's) | |
| For R3 | : Mr.V.Ayyadurai |
| Senior Counsel | |
| for Mr.A.Durai Eswar (in both W.P's) |
C O M M O N O R D E R
(Order of this Court was made by S.M.SUBRAMANIAM,J.)
W.P.No.27224 of 2009 has been filed to direct the respondents to
deem and regularize all the existing Steno Typists, Grade-III working in the Tamil Nadu Judicial Ministerial Service, who were originally appointed prior to 01.08.1992 as Assistants with effect from 13.03.2002 with all the necessary consequential service seniority, and monetary benefits.
W.P.No.27225 of 2009 has been filed challenging G.O.Ms.No.24 Home (Courts-V) Department, 09.01.2009 and quash the paras-3(a) (b), (d) and (f) of the same and direct the 1st respondent to consider the Steno typists Grade-II working in the Tamil Nadu Judicial Ministerial Service for promotion to the post of Superintendent on the basis of a combined seniority fixed on the basis of their date of appointment along with all other equal categories and Cadres constituting feeder posts for the post of Superintendent and to issue necessary consequential amendments to the Tamil Nadu Judicial Page No.4 of 9
W.P.Nos.27224 & 27225 of 2009
Ministerial Service in accordance with law.
W.P.Nos.27224 & 27225 of 2009
provided with the promotional opportunity to the post of Steno-Typist Grade-
II and Steno-Typist Grade-I, which carries next promotion post scale of pay.
W.P.Nos.27224 & 27225 of 2009
with their juniors, such a situation would not arise in view of segregation of
post of Steno-Typist Grade-III and Assistant in the Ministerial line.
However, consideration for promotion is a fundamental right of an employee. All promotions are to be granted by scrupulously following the Rules in force. Whenever the process of promotion is undertaken by the Competent Authority, the names of all the eligible employees in the line of seniority and by ascertaining the eligibility are to be considered.
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W.P.Nos.27224 & 27225 of 2009
Index
Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda
[S.M.S.J.] [K.R.S.J.] 01.03.2024
To
S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J.
veda
Page No.8 of 9
W.P.Nos.27224 & 27225 of 2009
Order in W.P.Nos.27224 & 27225 of 2009
01.03.2024
Page No.9 of 9
2 issues framed by the court
Whether Steno-Typists Grade-III appointed prior to 01.08.1992 are entitled to be deemed regularized as Assistants with consequential seniority.
Whether paras 3(a),(b),(d),(f) of G.O.Ms.No.24 Home (Courts-V) Dept., dated 09.01.2009 should be quashed to allow combined seniority for promotion as Superintendent.
1 provisions across 1 enactments
P.Alagu and others
M.Rani and others
The State of Tamil Nadu, represented by the Principal Secretary, Home (Courts-V) Department
The Secretary to Government, Personal & Administrative Reforms, B-Department
The Registrar General, High Court Madras
S.M.Subramaniam
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
