Madras High Court
Tancem Marketing Employees vs The Secretary To Government on 20 March, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.(MD) No.1432 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD) No.1432 of 2019
and
C.M.P.(MD) No.11625 of 2019
Tancem Marketing Employees
Welfare Union
rep.by its Secretary
MRM.Muralidharan
Having office at No.M2/17
TNHB, Sector 4M
Koodal Nagar
Madurai-625 018 ... Appellant
-vs-
1.The Secretary to Government
Department of Personnel & Training
Government of India
North Block
New Delhi-110 011
2.The Chief Secretary to Government
Government of Tamilnadu
Fort St.George
Chennai-600 009
____________
Page 1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
W.A.(MD) No.1432 of 2019
3.The Secretary to Government
Department of Industries
Government of Tamilnadu
Fort St.George, Chennai-600 009
4.The Chairman & Managing Director
Tamilnadu Cements Corporation Ltd.,
Second Floor, LLA Building
735, Anna Salai
Chennai-600 002
5.The Senior Manager
Tamilnadu Cements Corporation Ltd.,
Second Floor, LLA Building
735, Anna Salai
Chennai-600 002 ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 24.10.2019, passed in W.P.(MD) No.22564 of 2019, on the file of
this Court.
For Appellant : No appearance
For Respondents : No appearance for R1
Mr.S.Vinodh
Government Advocate for R2 & R3
Tapal due for R4 & R5
____________
Page 2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
W.A.(MD) No.1432 of 2019
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
The appellant – Union filed the writ petition in W.P.(MD) No.22564
of 2019 challenging the recruitment notification dated 06.09.2018, contending
that the recruitment process for the posts of Managers (Marketing), Deputy
Manager (Marketing) and Assistant Manager (Marketing) in TANCEM has not
been done in a fair and transparent manner as mandated under the orders
passed by this Court in W.P.Nos.17017 of 2014 and 27152 of 2018.
2. The learned Single Judge, while considering the prayer in the
said writ petition, by the impugned order dated 24.10.2019, held that the writ
petition is not maintainable and it is liable to be dismissed, since the Union
has no locus standi to file a writ petition for the relief sought and if at all any
member of the Union is aggrieved individually, it is for him to seek redressal
before the appropriate forum.
3. The said order is under challenge in this intra-court appeal on
the ground that this Court has been entertaining writ petitions by the Unions
in cases of recruitment and service matters. While so, the challenge to the
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
recruitment notification on the ground that the recruitment process is not
done in a transparent manner and lacks roster details cannot be thrown at
the threshold as not maintainable. Further, it is contended that the principles
of natural justice had not been followed by the learned Single Judge while
dismissing the writ petition.
4. Though there is no representation for the appellant, this Court
considering the long pendency of this writ appeal and the issue involved in
this matter, has gone through the materials available on record and heard the
learned Government Advocate appearing for the respondents 2 & 3.
5. The grievance of the appellant – Union in the earlier round of
litigation in W.P.No.27152 of 2018 is that their members are in service for a
long period and the recruitment notification issued by the respondents for the
above said posts through direct recruitment will affect their promotional
prospects. Hence, they sought to quash the said recruitment notification. The
learned Single Judge, while considering the apprehension of the appellant –
Union, by recording the assurance given by the Management that the
Committee constituted for the recruitment process will undertake the selection
process strictly in accordance with law and will provide enough waitage to the
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
service of the candidates, by an order dated 15.02.2019, disposed of the said
writ petition. Thereafter, the process of recruitment was commenced. At this
juncture, the appellant – Union made a request to cancel the appointments
made pursuant to the recruitment and had approached this Court by filing
W.P.No.22564 of 2019. It is contended in the said writ petition that the
promotional policy as mandated by this Court in the earlier round of litigation
i.e. W.P.No.27152 of 2018 was not followed.
6. However, in the present writ petition, the details of selection
and the alleged violations have not been mentioned. More so, as pointed out
by the learned Single Judge, in the selection process, if any person was
personally affected, he would have been a better person to bring the cause and
seek for redressal. Bald allegations made in common in a representative
capacity in respect of the recruitment process cannot be entertained in a writ
petition. Though the appellant – Union contends that there is a gross violation
in the roster system and the promotional policy, the affidavit filed in support
of the writ petition as well as the grounds of appeal do not mention as to how
the roster policy has been violated or which provision of the recruitment policy
has been violated in the recruitment process. In such circumstances, this
Court finds no merit in this writ appeal.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
7. Accordingly, this writ appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[G.J., J.] [R.P., J.]
20.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Secretary to Government,
Department of Personnel & Training,
Government of India,
North Block,
New Delhi-110 011.
2.The Chief Secretary to Government,
Government of Tamilnadu,
Fort St.George,
Chennai-600 009.
3.The Secretary to Government,
Department of Industries,
Government of Tamilnadu,
Fort St.George, Chennai-600 009.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
krk
and
20.03.2025
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:47 pm )
