The Principal Secretary And vs B.Selva Gomathi Kumar
2024 Latest Caselaw 7735 Mad

Madras High Court

The Principal Secretary And vs B.Selva Gomathi Kumar on 16 April, 2024

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                        WA(MD). No.1671 of 2018



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              Date : 16/04/2024

                                                   CORAM

                                   The Hon`ble Mr.Justice N.SESHASAYEE
                                                    and
                                   The Hon`ble Mr.Justice P.VADAMALAI

                                      WA(MD). Nos.1671 to 1673 of 2018
                                     CMP(MD) No.12256 to 12258 of 2018

                     The Principal Secretary and
                     Additional Chief Secretary to Government
                     Government of Tamilnadu
                     Transport (D) Department
                     Fort St. George,
                     Chennai 600 009.                                    ... Appellant in
                                                                    all appeals

                                                      Vs

                     B.Selva Gomathi Kumar                       ... Respondent in
                                                                WA(MD) No.1671/2018

                     P.Poliah                                    ... Respondent in
                                                                WA(MD) No.1672/2018

                     R.Muthukrishnan                            ... Respondent in
                                                                WA(MD) No.1673/2018

                     PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent
                     against the order dated 21.03.2018 in WP(MD) Nos.15773/2017,
                     17321/2017 and 17444/2017.

                     1/5

https://www.mhc.tn.gov.in/judis
                                                                          WA(MD). No.1671 of 2018



                                   For Appellant   : M/s.N.Muthu Vijayan
                                                   Special Government Pleader
                                   For Respondents : Mr.T.Chandrasekaran


                                             COMMON JUDGMENT

(Judgment of the Court was delivered by N.SESHASAYEE, J.)

The respondents in each of these appeals were working as Senior

Assistant Managers in the transport corporation. Due to stagnation in the

post of Assistant Managers, the Government came out with G.O.Ms.No.

761 Transport (committee) department dated 30.04.1993, in which it has

underscored that those Assistant Managers who had served for a

minimum period of six years, would be posted as Senior Deputy

Managers. It was also underscored in that order that this post is

convertible vis-a-vis the Deputy Managers. While so, the Government

came out with G.O.Ms.No.196 Transport (D) Department dated

10.08.2017, presumably based an order of this Court in WA Nos.1/2017

and 105/2017 dated 13.03.2017 and had informed that a senior Grade

Assistant Manger cannot be equated with Deputy Managers, but can be

considered for promotion to the post of Deputy Manager post on their

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seniority. This G.O.No.196 came to be challenged before the learned

Single Judge in W.P.Nos.15773/2017, 17321/2017 and 17444/2017.

2. The learned Single Judge referred to the earlier G.O., governing the

area, namely, G.O.Ms.No.761 and found that inasmuch as G.O.No.761

provided for convertible of Senior Grade Assistant Managers, Deputy

Managers, the G.O., under challenge cannot be sustained and

accordingly, quashed the same. This order of the learned Single Judge is

now under challenge in this batch of cases at the instance of the

respondents therein.

3. The learned Special Government Pleader submitted that the respondent

in WA(MD) No.1673/2018 (R.Muthukrishnan) and WA(MD) No.

1671/2018 (B.Selvagomathi) have since been promoted to the post of

Managing Directors and have also superannuated. This Court is also

informed that after superannuation, Selvagomathi has passed away,

which incidentally need not halt this Court from proceeding with the

case. So far as the respondent in WA(MD) No.1672/2018, he had been

promoted as General Manger and he too had superannuated. The learned

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Special Government Pleader made a fair statement that today nothing

survives for consideration. The said submission of the learned Special

Government Pleader is recorded and all the writ appeals are closed. No

costs. Consequently connected Miscellaneous Petitions are closed.

(N.S.S.,J.) (P.V.M.,J.) 16.04.2024

RR TO The Principal Secretary and Additional Chief Secretary to Government Government of Tamilnadu Transport (D) Department Fort St. George, Chennai 600 009.

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N.SESHASAYEE, J.

and P.VADAMALAI, J.

RR

WA(MD). Nos.1671 to 1673 of 2018

16.04.2024

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