P.Narayanan vs The Secretary
2023 Latest Caselaw 3342 Mad

                                                                 W.A.(MD) No.357 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 28.03.2023

                                                      CORAM:

                                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                      and
                                   THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                              W.A.(MD) No.357 of 2023


                 P.Narayanan                                                   ... Appellant

                                                        -vs-


                 1.The Secretary
                   Municipal Administration and
                    Water Supply Department
                   Secretariat, Chennai

                 2.The Director of Town Panchayats
                   75, Santhom Highways
                   Rajaannamalai Puram
                   Patinampakkam
                   Chennai-600 108

                 3.The District Collector
                   Tuticorin District
                   Tuticorin

                 4.The Executive Officer
                   Town Panchayat
                   Authoor, Tuticorin District                                 ... Respondents




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https://www.mhc.tn.gov.in/judis
                                                                       W.A.(MD) No.357 of 2023


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 09.02.2023, passed in W.P.(MD) No.2667 of 2023, on the file of

                 this Court.


                                  For Appellant     : Mr.VR.Shanmuganathan

                                  For Respondents   : Mr.P.T.Thiraviyam
                                                      Government Advocate

                                                      JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The grievance of the appellant is that the two Government Orders,

namely, G.O.Ms.No.1499, Labour and Employment Department, dated

03.08.1989 and G.O.(Ms) No.206, Municipal Administration and Water Supply

Department, dated 02.11.1995, enable a person, who has a higher

qualification, to be appointed as Junior Assistant, though he was initially

appointed in a lower post on compassionate grounds.

2. The appellant was appointed as a Sanitary Supervisor, on

compassionate grounds, since his father died in harness. Though he was

originally appointed as a Sanitary Supervisor and was subsequently appointed

in a higher post, namely, Junior Assistant. By order dated 18.11.2013 his

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.357 of 2023

appointment as Junior Assistant was reversed and was made to work as

Sanitary Supervisor. Unfortunately for the appellant, challenge to the said

proceedings dated 18.11.2013 before this Court failed and this Court

dismissed the writ petition on 23.07.2014. If the prayer of the appellant for a

mandamus is now allowed, it will run counter to the earlier order of this

Court, to which the appellant was a party. The Writ Court has refused to

entertain the writ petition on the said ground only. We do not think that we

can indulge such judicial indiscipline. Hence, this writ appeal is dismissed.

No costs.

                                                          [R.S.M., J.]          [L.V.G., J.]
                                                                     29.03.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk

                 To:
                 1.The Secretary,

Municipal Administration and Water Supply Department, Secretariat, Chennai.

2.The Director of Town Panchayats, 75, Santhom Highways, Rajaannamalai Puram, Patinampakkam, Chennai-600 108.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.357 of 2023

3.The District Collector, Tuticorin District, Tuticorin.

4.The Executive Officer, Town Panchayat, Authoor, Tuticorin District.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.357 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

W.A.(MD) No.357 of 2023

29.03.2023

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