Madras High Court
Tamil Nadu Civil Supplies ... vs N.Perumal on 26 July, 2021
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
1.Tamil Nadu Civil Supplies Corporation
Represented by its Managing Director
No.25, Thambusamy Road
Kilpauk
Chennai - 600 010
2.The General Manager (Administration)
Tamil Nadu Civil Supplies Corporation
No.25, Thambusamy Road
Kilpauk
Chennai - 600 010 ... Appellants
vs
N.Perumal ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 04.04.2019 made in W.P. No.9827 of 2011.
****
For Appellants : Mr.L.Chandrakumar
For Respondent : Mr.T.Saikrishnan
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 04.04.2019 made in W.P. No.9827 of 2011. The appellants
herein are the respondents before the writ court and the respondent
herein is the writ petitioner.
2. The writ petition was filed for a writ of certiorarified
mandamus to call for the records of the 2nd respondent pertaining to
the communication dated 14.03.2011 bearing Reference Na.Ka.
No.AE5/11697/2011, quash the same and consequently for a direction
to the respondents to promote the petitioner as Assistant with effect
from 25.3.2010 and pay all arrears of salary and retiral benefits and
pension with interest at the rate of 25% p.a., from the dates on which
the amounts became due till disbursement.
3. The learned single Judge, after hearing both the parties,
allowed the writ petition on 04.04.2019, in the following lines:
12. For the aforesaid reason, the petitioner has
made out a case for grant of relief and, hence, the
impugned order dated 14.3.11 is hereby set aside and the
respondent/Corporation is directed to grant promotion
notionally to the petitioner as Assistant from the date his
https://www.mhc.tn.gov.in/judis/
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
juniors were promoted in March, 2010 and grant all
attendant benefits in the notional post including revision of
pay scale, qualification of pension, etc. It is made clear
that the petitioner having not shouldered higher
responsibility in the post of Assistant in actual terms, is
not entitled to claim any arrears of salary applicable tothe
post of Assistant, but, however, entitled to notional
fixation from the date of notional promotion and other
consequential benefits arising therefrom. The
respondent/corporation is directed to pass appropriate
orders promoting the petitioner as Assistant as indicated
above and grant all other benefits as admissible to the
petitioner within a period of eight weeks from the date of
receipt of a copy of this order.
4. Challenging the legality and correctness of the said order, the
State is on appeal.
5. When the matter was taken up for hearing,
Mr.L.Chandrakumar, learned counsel appearing for the appellant, by
producing the proceedings of the Managing Director, Tamil Nadu Civil
Supplies Corporation, dated 10.12.2020, submitted that the order of
the writ court has been complied with, in letter and spirit.
6. Learned counsel for the appellant, would further state that
https://www.mhc.tn.gov.in/judis/
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
though the compliance is against the amended Regulations, since it
was not brought to the knowledge of the court, the directions issued
by the writ court were complied with. In view of the same, the learned
counsel for the appellant requested that this cannot be taken as a
precedent by any other person, as it would be violative of the
amended regulations.
7. With the above observation, the writ appeal is disposed of.
However, there is no order as to costs. Consequently, the connected
civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
26.07.2021
Asr
Index : Yes/No
To
1.Tamil Nadu Civil Supplies Corporation
Represented by its Managing Director
No.25, Thambusamy Road
Kilpauk
Chennai - 600 010
2.The General Manager (Administration)
Tamil Nadu Civil Supplies Corporation
No.25, Thambusamy Road
Kilpauk
Chennai - 600 010
https://www.mhc.tn.gov.in/judis/
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.792 of 2021 and
C.M.P. No.4244 of 2021
26.07.2021
https://www.mhc.tn.gov.in/judis/
