S.Murugeshwari vs The Commissioner
2021 Latest Caselaw 13956 Mad

                                                                                     W.A.(MD)No.308 of 2019


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 13.07.2021

                                                          CORAM:

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                            AND

                                     THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                                    W.A.(MD)No.308 of 2019
                                                             and
                                            C.M.P.(MD) Nos.2463 & 2464 of 2019



                S.Murugeshwari                                ... Appellant / Writ Petitioner


                                                             Vs.

                The Commissioner,
                Madurai Corporation,
                Madurai.                                      ... Respondent / Respondent



                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to

                set aside the order dated 19.11.2018 in W.P.(MD)No.21970 of 2018 on the file

                of this Court.



                                   For Appellant              : Mr.K.Baalasundharam
                                   For Respondent             : Mr.T.S.Mohammed Mohideen

https://www.mhc.tn.gov.in/judis/
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                                                                                       W.A.(MD)No.308 of 2019




                                                         JUDGMENT

************

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]

This writ appeal is directed against the order dated 19.11.2018, passed

in W.P(MD) No.21970 of 2018.

2.The said writ petition was filed by the appellant/ writ petitioner to

quash the proceedings of the respondent dated 12.10.2018 and consequentially

direct the respondent to promote the appellant/ writ petitioner as Superintendent

within a stipulated period. The writ petition was dismissed by the impugned

order.

3.Mr.K.Baalasundharam, learned counsel appearing for the appellant/

writ petitioner submitted that he has returned the papers and he reports no

instructions.

4.We find that the appellant / writ petitioner has not made any

alternate arrangement. Therefore, we proceed to hear the respondent.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.308 of 2019

5.On perusal of the impugned order, we find that the learned writ

Court was fully justified in holding that the appellant cannot claim promotion,

when a serious case of misappropriation has been lodged against her and

disciplinary proceedings are also pending.

6. Therefore, the opinion of the learned Writ Court that the prayer

sought for by the appellant / writ petitioner is premature, is absolutely

justifiable. Hence, we find that absolutely there is no ground to interfere with

the order of the Writ Court.

7.Accordingly, the writ appeal fails and the same is dismissed. No

costs. Consequently, connected miscellaneous petitions are closed.

                                                                  [T.S.S., J.]   &   [S.A.I., J.]
                                                                          13.07.2021
                Index      : Yes / No
                Internet : Yes / No
                RM

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.308 of 2019

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.

T.S.SIVAGNANAM, J.

AND S.ANANTHI, J.

RM

JUDGMENT MADE IN W.A.(MD)No.308 of 2019

13.07.2021

https://www.mhc.tn.gov.in/judis/