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2013 DIGILAW 3293 (MAD)

Dharmapuri District Rural Development & Local Administration Department Workers Sangam v. Commissioner, Dharmapuri Municipality, Dharmapuri

2013-09-13

D.HARIPARANTHAMAN

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JUDGMENT 1. The petitioner, which is an Association, filed this writ petition, questioning the promotion given to respondents 2 & 3 to the post of Sanitary Supervisor from the post of Assistant and Watchman respectively. 2. It is well settled law that only aggrieved person shall alone file writ petition questioning the improper promotion, if any, given to the respondents 2 & 3 and the Trade Union is not an aggrieved party. Reference may be drawn to the judgment of the Hon'ble First Bench of this Court in the case of Tamil Nadu Uthaviperum Thodakka Nadunilai Palli Nirvagigal vs. State of Tamil Nadu and others, reported in 2006 (1) L.L.N. 759, wherein the Hon'ble First Bench of this Court has been pleased to observe as under: "This writ appeal and the writ petition were filed by the association. They relate to a service matter. It is well settled by a series of decision of the Supreme Court that no such representative writ can be filed in service matter and instead the aggrieved individual alone can file the writ petition vide Gurpal Singh v. State of Punjab and others [2005 (3) L.L.N. 110], Ashok Kumar Pandey v. State of West Bengal [A.I.R. 2004 S.C. 1923], etc. Accordingly, writ appeals dismissed. It is open to the aggrieved individual to file a writ petition in connection with the matter referred to in this litigation. No costs. Connected C.M.P. No.8154 of 1998 is also dismissed. Appeal dismissed." 3. Furthermore, the writ petition was dismissed as against respondent no.3 vide order dated 17.06.2010 for not taking steps to file proof of compliance to the Court. Hence, the writ petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petitions are closed.