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2025 DAILYLAW 34490 (MAD)

THE GOVERNMENT OF TAMIL NADU v. K. SHANTHI

WA/926/2024 · 2025-03-28

G Arul Murugan, R Subramanian

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.A.No. 926 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.03.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.No. 926 of 2024 and C.M.P.No. 6545 of 2024 1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Chennai - 600009. 2.The Commissioner, Social Welfare and Nutritious Meal and Programme Department, Chennai - 600 005. 3.The Project Co-Ordinator, World Bank Assisted ICDS Project - III, Tharamani, Chennai - 113. ...Appellants Vs. 1.K.Shanthi 2.R.Jayashree 3.G.Sarguna 4.R.Sathiya Maheswari 1/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 5.P.Poonguzhali 6.C.Poongodi 7.S.Gunasekar 8.K.Pechiammal 9.S.K.Lalitha 10.A.Thameemunisha 11.S.Sangeetha 12.T.Bhuvaneswari 13.Mr.R.Selvaraj, District Project Officer, Office of District Project Officer, Thiruvarur. 14.Mr.G.Ganasekaran, District Project Officer, Office of District Project Officer, Namakkal. 15.Mr.N.Marimuthu, District Project Officer, Office of District Project Officer, Nagapattinam. 16.Mr.M.Paneervelu, District Project Officer, Office of District Project Officer, Erode. 2/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 17.Mr.N.Pakkiarajan, District Project Officer, Office of District Project Officer, Thiruvannamalai. 18.Mr.Paramasivan, District Project Officer, Office of District Project Officer, Ramanathapuram. 19.Mrs.D.Mangayarkarasi, District Project Oficer, Office of District Project Officer, Perambalur. .... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 01.04.2022 made in W.P.No.23697 of 2006. For Appellants : Mr.Haja Nazirudeen Additional Advocate General assisted by Mr.P.Ananda Kumar, Govt. Advocate For Respondents : Mr.V.Sithannan for R1 Mr.U.Karunakaran for R2 to R12 J U D G M E N T (Judgment of the Court was made by R.SUBRAMANIAN, J.) Several Writ Petitions were filed by the similarly placed persons, challenging certain Government Orders which enable the private 3/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 respondents in the writ petitions to steal a march over the petitioners who were regularly appointed to the post of Child Development Project Officers (CDPOs). 2. The Writ Court, by a common order dated 01.04.2022, allowed the Writ Petitions and directed the 1st respondent to pass orders notionally re- fixing the seniority of the petitioners above the private respondents / irregular appointees and issue orders for notional promotion to the post of Assistant Directors from the date, on which, the private respondents were promoted together with service and monetary benefits. The Writ Court however, did not disturb the promotion or appointment of the private respondents as some of them had retired and their appointments were not challenged. It is this order, which is subject matter of challenge in this appeal. 3. As already stated, six writ petitions were taken up together and disposed of and the issue involved in all these writ petitions is one and the same. The Government has chosen to file this appeal only against one of the writ petitions namely, W.P.No.23697 of 2006. The order passed in the 4/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 other writ petitions remains unchallenged. Therefore, the appeal is hit by the doctrine of constructive res judicata. Hence, this Writ Appeal, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. The appellants will comply with the order of the writ Court within a period of eight weeks from the date of receipt of a copy of this order. (R.S.M., J.) (G.A.M., J.) 28.03.2025 kkn Index: No Speaking order Neutral Citation :No 5/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 To: 1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Chennai - 600009. 2.The Commissioner, Social Welfare and Nutritious Meal and Programme Department, Chennai - 600 005. 3.The Project Co-Ordinator, World Bank Assisted ICDS Project - III, Tharamani, Chennai - 113. 4.Mr.R.Selvaraj, District Project Officer, Office of District Project Officer, Thiruvarur. 5.Mr.G.Ganasekaran, District Project Officer, Office of District Project Officer, Namakkal. 6.Mr.N.Marimuthu, District Project Officer, Office of District Project Officer, Nagapattinam. 7.Mr.M.Paneervelu, District Project Officer, Office of District Project Officer, Erode. 6/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 8.Mr.N.Pakkiarajan, District Project Officer, Office of District Project Officer, Thiruvannamalai. 9.Mr.Paramasivan, District Project Officer, Office of District Project Officer, Ramanathapuram. 10.Mrs.D.Mangayarkarasi, District Project Oficer, Office of District Project Officer, Perambalur. 7/8 https://www.mhc.tn.gov.in/judis W.A.No. 926 of 2024 R.SUBRAMANIAN, J. and G. ARUL MURUGAN, J. KKN W.A.No. 926 of 2024 and C.M.P.No. 6545 of 2024 28.03.2025 8/8 https://www.mhc.tn.gov.in/judis