Madras High Court
K.Saravanan vs M.Radhakrishnan : 1St on 8 July, 2021
W.A.(MD)Nos.105 & 106 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.105 & 106 of 2020
and
C.M.P(MD)Nos.934, 936, 937 & 938 of 2020
1.K.Saravanan
2.G.Ignacy
3.M.Rani : Appellants in both writ appeals
Vs.
1.M.Radhakrishnan : 1st Respondent in W.A.(MD)No.105/21
1.P.Kamalapushpam : 1st Respondent in W.A.(MD)No.106/21
2.The Director,
Adi Dravidar Welfare Department,
Chepauk,
Chennai.
3.The District Adi Dravidar and Tribal Welfare Officer,
Tirunelveli District,
Tirunelveli. : Respondents 2&3 in both writ appeals
4.A.Annam
5.K.Soundarapandian
6.G.Shanmugaraj
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1/7
W.A.(MD)Nos.105 & 106 of 2020
7.M.Palanichamy : Respondents 4 to 7 in W.A.(MD)No.105/21
[R4 to 7 are impleaded vide order dated
03.03.2021 in C.M.P.(MD)No.2172/2021.]
COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters
Patent, praying to set aside the common order passed in W.P(MD)No.
22276 & 22277 of 2018, dated 25.11.2019 on the file of this Hon'ble
Court and allow this Writ Appeal.
For Appellants : Mr.S.Louis
[In both Writ Appeals]
For R1 : Mr.K.Gurunathan
[In W.A.(MD)No.105/21]
For R1 : Mr.P.Gunasekaran
[In W.A.(MD)No.106/21]
For R2 & R3 : Mr.R.Baskaran
Standing Counsel for Government
[In both Writ Appeals]
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, these Writ Appeals are taken up
for final disposal.
2.These Writ Appeals are directed against the common order
dated 25.11.2019 in W.P(MD)No.22276 & 22277 of 2018.
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W.A.(MD)Nos.105 & 106 of 2020
3.We have elaborately heard Mr.S.Louis, learned Counsel
appearing for the appellants and Mr.R.Baskaran, learned Standing
Counsel for Government appearing for the second and third respondents.
4.The private respondents filed the writ petition challenging the
proceedings dated 24.11.2017 passed by the District Adi Dravidar and
Tribal Welfare Officer, Tirunelveli and for a consequential direction to
promote them to the post of B.T.Assistant (Tutor cum Warden). Though
such was the relief sought for, the learned Writ Court granted partial
relief to the writ petitioners by quashing the proceedings dated
24.11.2017 and directing to prepare a fresh seniority list in terms of the
order passed in W.P.(MD)Nos.19900, 19901, 19902 and 19903 of 2017
dated 27.10.2017. It is not disputed before us that the order and direction
issued by the learned Writ Court has been complied with and a seniority
list has been drawn. This has been put to challenge by the appellants in
W.P.(MD)Nos.6304, 6313, 6316 & 6315 of 2021 and those writ petitions
are pending before the learned Single Bench.
5.In such circumstances, we are of the view that the writ
appeals need not be kept pending before this Court as the order and
direction issued by this Court has worked itself out. However, we are
conscious of the fact that the rights of the parties should not be
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W.A.(MD)Nos.105 & 106 of 2020
prejudiced in any manner because at the instance of the appellants, the
seniority list has been challenged in W.P.(MD)Nos.6304, 6313, 6316 &
6315 of 2021. Therefore, we dispose of these writ appeals with an
observation that it will be open to the appellants as well as the private
respondents to canvass all issues in the pending writ petitions, including
the ground which have been raised before us by the appellants in these
appeals.
6.We are informed by Mr.S.Louis learned Counsel for the
appellants that when the writ petitions were pending before the learned
Single Bench, the third respondent herein namely, the District Adi
Dravidar and Tribal Welfare Officer, Tirunelveli has passed an order
dated 01.07.2021, reverting the appellants and the order has been served
on 05.07.2021 and the appellants are in the process of challenging the
same.
7. In our considered view, when a litigation is pending before the
Division Bench as well as before the learned Single Bench and in the
impugned order before us, no direction has been granted to promote the
respondents in the writ appeals. It is not clear as to why the authorities
have precipitated the matter by issuing reversion order. This has resulted
only in the increase of the litigation which could have been avoided. In
any event, since the appellants are going to challenge the order dated
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W.A.(MD)Nos.105 & 106 of 2020
01.07.2021, by filing separate petitions and with a view not to create any
uncertainty, we direct suspension of the operation of the order of
reversion dated 01.07.2021 till 27.07.2021. Within the said period, it will
be open to the appellants to approach the learned Single Bench by way of
writ petitions and the learned Single Bench shall consider the same on
merits and in accordance with law as to whether the appellants are
entitled for any interim protection.
8.With the above observations, these Writ Appeals are disposed
of. We make it clear that during the pendency of these writ appeals, if
promotions have been given to the private respondents, the same shall
not be disturbed and will abide by the orders to be passed by the learned
Writ Court in the writ petitions to be filed by the appellants, challenging
the orders of reversion dated 01.07.2021. However, there shall be no
order as to costs. Consequently, connected miscellaneous petitions are
closed.
[T.S.S., J.] & [S.A.I., J.]
08.07.2021
Index : Yes / No
Internet : Yes / No
MR
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.105 & 106 of 2020
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.
To
1.The Director,
Adi Dravidar Welfare Department,
Chepauk,
Chennai.
2.The District Adi Dravidar and Tribal Welfare Officer,
Tirunelveli District,
Tirunelveli.
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W.A.(MD)Nos.105 & 106 of 2020
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)Nos.105 & 106 of 2020
08.07.2021
https://www.mhc.tn.gov.in/judis/
