Madras High Court
R.Jothimani vs The Director on 2 July, 2021
W.A.(MD)No.1266 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1266 of 2021
R.Jothimani : Appellant
Vs.
1.The Director,
Directorate of Rural Development and Panchayat Raj,
Panagal Building,
Saidapet, Chennai – 15.
2.The District Collector,
Madurai District,
Madurai.
3.A.Mariathangammal : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,
praying to set aside the order passed W.P.(MD)No.13377 of 2013
dated 14.08.2013.
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W.A.(MD)No.1266 of 2021
For Appellant : Ms.Saranya
for Mr.N.Sathish Babu
For Respondents 1&2 : Mr.R.Baskaran,
Standing Counsel for Government
JUDGMENT
*************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up
for disposal.
2.Heard Ms.Saranya, for Mr.N.Sathish Babu, learned Counsel
appearing for the appellant and Mr.R.Baskaran, learned Standing
Counsel for Government appearing for the respondents 1 and 2.
3.The present appeal is directed against the order dated
14.08.2013 in W.P.(MD)No.13377 of 2013.
4.The appellant had filed the writ petition to quash the order
passed by the first respondent dated 19.07.2013 and for a
consequential direction to promote him as Deputy Block
Development Officer from 15.05.2008 and provide him applicable
monetary benefits and backwages. The learned Single Bench had
elaborately considered the matter and found that the attempt made
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W.A.(MD)No.1266 of 2021
by the appellant was a belated one. In fact, the appellant had
relinquished the promotion which was in vogue for three years.
Furthermore, the promotion granted to the third respondent was
never questioned.
5.The learned Single Bench rightly pointed out that mere
inclusion in the seniority list would not confer any right to the
higher post. It would depend upon the vacancy position, seniority
and other factors. We fully agree with the reasons assigned by the
learned Single Bench and find that there are no grounds made out
to interfere with the impugned order.
6.Accordingly, the Writ Appeal stands dismissed. However,
there shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
02.07.2021
Index : Yes / No
Internet: Yes / No
MR
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)No.1266 of 2021
To
1.The Director,
Directorate of Rural Development and Panchayat Raj,
Panagal Building,
Saidapet, Chennai – 15.
2.The District Collector,
Madurai District,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1266 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
JUDGMENT MADE IN
W.A.(MD)No.1266 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
