Madras High Court
M.Ramadoss vs )The Regional Manager on 3 January, 2020
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P(MD)No.10067 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2020
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.10067 of 2015
M.Ramadoss ... Petitioner
vs.
1)The Regional Manager,
Tirunelveli Region,
Tamilnadu Civil Supplies Corporation,
Maharaja Nagar,
St.Thomas Road,
Tirunelveli-627 011.
2)The Managing Director,
Head Office,
Tamilnadu Civil Supplies Corporation,
No.12, Thambusamy Road,
Kilpauk,
Chennai-600 010. ... Respondents
Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records
pertaining the proceedings of the 2nd respondent in his proceedings
AE2/73931/07 dated 10.04.2008 and quash the same and directing
the respondents to fix the petitioner in the seniority list from the
date on which the petitioner joined as watchman in the
Administrative section of the office of the respondents.
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http://www.judis.nic.in
W.P(MD)No.10067 of 2015
For Petitioner : Mr.N.Tamilmani
For Respondents : Mr.D.Mayarajan
ORDER
The petitioner is aggrieved against the proceedings of the 2nd respondent dated 10.04.2008 whereby the seniority of the petitioner was fixed at serial No.59 by considering the commencement of service only from 14.03.2008 instead of 01.12.2003 as Watchman.
2.The case of the petitioner is that he was originally appointed as a Technical Assistant at the 1st respondent office on 03.01.1992. Thereafter, through the proceedings of the 1st respondent dated 24.11.2003, the petitioner was posted as Watchman. Even though the petitioner was qualified for a better post, he obeyed the said order and joined duty as Watchman on 01.12.2003. Thereafter, by passing the impugned order, the petitioner has been placed at serial No.59 by showing his redeployment date as 14.03.2008. This action of the 1st respondent affects the petitioner's seniority about more than four years. Hence, he has filed this writ petition to quash the said order of the 2nd respondent. In support of his 2/6 http://www.judis.nic.in W.P(MD)No.10067 of 2015 contention, he would rely on the decision in W.P(MD)No.1157/2010 dated 14.12.2012.
3.Learned counsel for the respondents would state that the petitioner was originally appointed as a Helper on 03.01.1992 not as a Technical Assistant as stated in the affidavit. The 1st respondent revised the staffing pattern and due to such revision, the petitioner's post became surplus and therefore instead of retrenching him, he was appointed as a Watchman in the general side with the service condition applicable to the post of Helper and based on the board approval, vide proceedings dated 10.04.2008, the petitioner was absorbed to general side and he joined duty on 09.05.2008. Therefore, the petitioner is entitled to the service conditions which are eligible to the persons working in the general side only from 09.05.2008.
4.Heard both sides.
5.Perusal of record shows that when the petitioner was posted as Watchman by order dated 24.11.2003, the respondents cannot 3/6 http://www.judis.nic.in W.P(MD)No.10067 of 2015 pass the impugned order as if he was posted as Watchman in the general side on 14.03.2008 which will affect his seniority and therefore, the respondents are not justified in preparing the list treating the date of joining of the petitioner as 14.03.2008 instead of 01.12.2003 and there is absolutely no convincing reason in the counter filed by the 1st respondent as to the date of joining of the petitioner in the general side. Therefore, in my considered opinion, the impugned order is liable to be set aside as to the date of joining of the petitioner as Watchman on 14.03.2008 instead of 01.12.2003.
6.Accordingly, the impugned order dated 10.04.2008 fixing the seniority of the petitioner at S.No.59 is set aside and the respondents are directed to rework the seniority by taking note that the petitioner was Watchman from 01.12.2003 and accordingly refix the seniority and pass suitable orders within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, the writ petition is allowed. No costs.
bala 03.01.2020 4/6 http://www.judis.nic.in W.P(MD)No.10067 of 2015 To 1)The Regional Manager, Tirunelveli Region,
Tamilnadu Civil Supplies Corporation, Maharaja Nagar, St.Thomas Road, Tirunelveli-627 011.
2)The Managing Director, Head Office, Tamilnadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-600 010.
5/6 http://www.judis.nic.in W.P(MD)No.10067 of 2015 J.NISHA BANU, J.
bala ORDER MADE IN W.P(MD)No.10067 of 2015 DATED : 03.01.2020 6/6 http://www.judis.nic.in