S. Sheik Meeran v. Commissioner Corporation of Chennai Rippon Building Chennai
2013-07-24
R.BANUMATHI, T.S.SIVAGNANAM
body2013
DigiLaw.ai
Judgment :- R. Banumathi, J. 1. Challenging the order in the Writ Petition No.1534 of 2001 (08.01.2003), the writ petitioners as well as the Chennai Corporation, have preferred these Appeals. 2. The Writ Petition being W.P.No.1534 of 2001, was filed challenging the appointment of the respondents 2 to 8 and to direct the Chennai Corporation to give appointments to the Writ Petitioners as Birth and Death Clerk at the Chennai Corporation. 3. After hearing both the parties, the learned Single Judge quashed the selection of the appellants 2 to 8 and remitted the matter back to the Chennai Corporation for denova consideration of the selection of the appellants' claim vis-a-vis other candidates who have not been considered or selected and to conduct fresh selection in accordance with G.O.Ms.No.129, Municipal Administration and Water Supply Department dated 20.07.1998 and pass orders within a period of three month. Both the Writ Petitioners and the Corporation have filed the above Writ Appeals challenging the said order. 4. At the time when Writ Appeal came up for hearing on 16.7.2003, in W.A.M.P.No.3449 of 2003 in W.A.No.2339 of 2003, this Court has passed the following order: "... Having regard to the balance of convenience, the order of the learned single Judge is stayed subject to the condition that the Corporation of Chennai shall accommodate writ petitioners 1 and 2 in the post of Birth and Death Clerks, which are available two in number. We also make it clear that as and when the third vacancy arises, the third petitioner also shall be accommodated. Notice." 5. The learned Senior Counsel appearing for the appellants in W.A.No.2338 of 2003, Mr.Doraisamy, submitted that in pursuance to the interim order passed in the Writ Appeal, the respondents 1 & 2 namely P.Lakshmanan and R.Rajendra Kumar were accommodated and at the time when the Writ Appeal was admitted, there was no vacancy to accommodate the third Writ Petitioner by name A.Abubakkar Sithic. But, by reading of the interim order dated 16.7.2003, it is seen that in the interim direction, the Bench has also made it clear that as and when the third vacancy arises, the third petitioner namely A.Abubakkar Sithic shall also to be accommodated. 6.
But, by reading of the interim order dated 16.7.2003, it is seen that in the interim direction, the Bench has also made it clear that as and when the third vacancy arises, the third petitioner namely A.Abubakkar Sithic shall also to be accommodated. 6. The learned counsel appearing for the Corporation as well as Writ Petitioners submitted that both the Appeals could be disposed of in terms of the interim order dated 16.7.2003 and in so far as the third writ petitioner namely A.Abubakkar Sithic, is concerned, the Corporation shall accommodate him, if he has not been so far accommodated. 7. The Writ Appeals are disposed of in terms of the aforementioned interim order dated 16.7.2003. Since the Writ Petitioners are accommodated based on the interim order dated 16.7.2003, the selected candidates namely W.A.No.2338 of 2003, shall not be disturbed. No costs. Consequently, connected Miscellaneous Petition is closed.