MANAGING DIRECTOR AND EXECUTIVE ENGINEER, TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD Vs. TAMIL NADU KUDINEER VADIKAL VARIYA OOZHIYAR SANGAM

JUDGEMENT

(1.) This Writ Appeal is directed against the order of the learned Single Judge dated 05.02.2009 made in W.P.(MD) No. 1207 1 of 2008 in and by which the writ petition filed by the Association of the employees against the recovery made by the Tamil Nadu Water Supply and Drinage Board in respect of the individual employees was allowed. The said writ petition came to be allowed solely on the ground that the individual employees, who happened to be members of the writ petitioner association, have not been given notice.

(2.) However, this Writ Appeal is filed by the Tamil Nadu Water Supply and Drainage Board on the ground that the writ petition is not maintainable since law is well settled that it is the individual employess, who were affected alone, have to approach the Court and not the association .

(3.) The learned Counsel appearing for the appellant has relied upon the decision in Tamilaga Asiriyar Koottani represented by The General Secretary V. Annamalai v. The Government of Tamil Nadu, 2005 3 MadLJ 252. In the said decision, direction given to fill up the posts of headmasters in the upgraded schools from headmasters in Elementary Schools was challenged by the association for teachers wherein the Hon'ble First Bench of this Court has held as follows: