Madras High Court
P.Kalayanasundaram vs T.Vasantha ... 1St on 20 January, 2021
W.A(MD)Nos.1358 & 1359 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)Nos.1358 & 1359 of 2011
and
M.P(MD)Nos.3, 3, 4, 4, 5, 5, 6 & 6 of 2011
1.W.A(MD)No.1358 of 2011:-
P.Kalayanasundaram ... Appellant / Proposed Party
Vs.
1.T.Vasantha ... 1st Respondent/Writ Petitioner
2.The Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
3.The Director of Medical and
Rural Health Services, Teynampet,
Chennai – 600 006.
4.The Dean,
Government Rajaji Hospital,
Madurai – 20. .... Respondents 2 to 4/
Respondents 1 to 3
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 20.04.2011 made in W.P(MD)No.8671 of 2009
on the file of this Court.
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W.A(MD)Nos.1358 & 1359 of 2011
For Appellant : Ms.Priya Ravi
For R – 1 : Mr.Niranjan S.Kumar
For RR 2 to 4 : Mr.M.Murugan,
Government Advocate.
2.W.A(MD)No.1359 of 2011:-
P.Kalayanasundaram ... Appellant / Proposed Party
Vs.
1.N.Chitra ... 1st Respondent/Writ Petitioner
2.The Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
3.The Director of Medical and
Rural Health Services, Teynampet,
Chennai – 600 006.
4.The Dean,
Government Rajaji Hospital,
Madurai – 20. .... Respondents 2 to 4/
Respondents 1 to 3
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 20.04.2011 made in W.P(MD)No.8672 of 2009
on the file of this Court.
For Appellant : Ms.Priya Ravi
For R – 1 : Mr.T.Pon Ramkumar
For RR 2 to 4 : Mr.M.Murugan,
Government Advocate.
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W.A(MD)Nos.1358 & 1359 of 2011
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
These Writ Appeals are preferred by the third party, who is not a
party to the writ proceedings in W.P(MD)Nos.8671 & 8672 of 2009,
dated 20.04.2011.
2.The appellant in both the Writ Appeals, viz.,
P.Kalayanasundaram, died on 15.02.2020.
3.These Writ Appeals were filed by the deceased appellant on
the ground that he was not impleaded as a party to the Writ Petitions.
His grievance was that the seniority which existed right from 1998
was sought to be unsettled, which is violative of Rule 35(f) of the
General Rules for Tamil Nadu State and Subordinate Service.
4.The learned Government Advocate appearing for the
respondents 2 to 4 submitted that subsequently, the seniority of the
appellant was fixed and he was promoted and now that the appellant
himself was dead, the question of considering his seniority does not
arise and submitted that nothing survives for adjudication in these
Writ Appeals.
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W.A(MD)Nos.1358 & 1359 of 2011
5.In fact, the learned Government Advocate appearing for the
respondents 2 to 4 has produced a proceedings of the third
respondent, dated 15.10.2020, wherein, the son of the appellant is
considered for compassionate appointment for the post of Pharmacist.
6.In the light of the above, these Writ Appeals have become
infructuous and the same are dismissed as infructuous. No costs.
Consequently, connected Miscellaneous Petitions are closed.
[P.S.N.,J] [S.K.,J.]
20.01.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
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W.A(MD)Nos.1358 & 1359 of 2011
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
To
1.The Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
2.The Director of Medical and
Rural Health Services, Teynampet,
Chennai – 600 006.
3.The Dean,
Government Rajaji Hospital,
Madurai – 20.
W.A(MD)Nos.1358 & 1359 of 2011
20.01.2021
http://www.judis.nic.in
