LAWS(MAD)-2004-3-316

N PACKIRISAMY Vs. CHAIRMAN CUM MANAGING DIRECTOR

Decided On March 25, 2004
N.PACKIRISAMY Appellant
V/S
CHAIRMAN-CUM-MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) The petitioners seek for the issue of a Writ of Certiorari, to call for the records relating to the order of the second respondent dated 3.1.1997 and to quash the same.

(2.) All the petitioners were appointed as Packers during March 1992. For the purpose of promotion to the post of Bill Clerk, a panel was prepared in and by proceedings of the 2nd respondent dated 5.3.1993, and their names had been included in the said panel. Subsequently they were promoted as Bill Clerks by proceedings dated 5.6.1993. They were discharging their functions in the cadre of Bill Clerk. All of a sudden in and by the proceedings of the second respondent dated 3.1.1997, respondents 3 to 9 who were not empanelled earlier were included in the panel of Bill Clerks for the year 1992 and they were placed above the petitioners herein in the seniority list of bill clerks. Aggrieved by the same, Writ Petition has been filed.

(3.) The petitioners contend that no prior notice had been issued before the impugned order was passed,and that there was no justification for issuing the impugned order dated 3.1.1997 after nearly 5 years. It is further contended that the claims of respondents 3 to 9 were in fact considered by the competent authority at the time of preparation of the panel and their names have been specifically over-ruled for certain reasons such as disciplinary proceedings being pending against, them, etc,.