Devi Meena.M vs. The Principal Chief Commissioner Of GST And Central Excise
Facts
The petitioner, M. Devi Meena, filed two writ petitions before the Madurai Bench of the Madras High Court. In W.P.(MD)No.8808 of 2023, she sought to quash an order dated 06.05.2020 passed by the Principal Chief Commissioner of GST & Central Excise, Chennai (second respondent), and sought direction for payment of back wages from 04.03.2014 to 27.02.2016. In W.P.(MD)No.8809 of 2023, she prayed for a direction to the Principal Chief Commissioner of GST & Central Excise, Chennai (first respondent), to notionally promote her to the post of Superintendent with effect from 28.03.2018, on par with others promoted vide an order dated 28.03.2018, with consequential benefits. The respondents were the Principal Chief Commissioner and the Commissioner of GST & Central Excise.
Held
The Court granted liberty to the petitioner to withdraw the writ petitions. It explicitly stated that it had not gone into the merits of the matter and that all contentions of the petitioner were left open. Consequently, the writ petitions were dismissed as withdrawn. No costs were awarded. The connected miscellaneous petition was also closed. The Court's decision was based solely on the petitioner's request to withdraw the petitions, without any adjudication on the substantive claims regarding the quashing of the order, back wages, or promotion.
Key Issues
1. Whether the petitioner is entitled to have the order dated 06.05.2020 passed by the second respondent quashed and to receive back wages for the period from 04.03.2014 to 27.02.2016? 2. Whether the petitioner is entitled to be notionally promoted to the post of Superintendent with effect from 28.03.2018, with consequential benefits, on par with others promoted vide order dated 28.03.2018? The petitioner's counsel submitted that she would withdraw the writ petitions with liberty to pursue her remedy before the tribunal. The respondents did not record any specific arguments.
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W.P(MD)Nos.8808 & 8809 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.8808 & 8809 of 2023 and W.M.P.(MD)No.8054 of 2023 M.Devi Meena
... Petitioner in both W.Ps. Vs. 1.The Principal Chief Commissioner of GST & Central Excise, Chennai. 2.The Commissioner of GST & Central Excise, Central Revenue Building, Bibikulam, Madurai. ... Respondents in both W.Ps.
Prayer in W.P.(MD)No.8808 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned order in C.No.II/33/3/2013-Estt.PF, dated 06.05.2020 on the file of the second respondent and quash the same and further, directing the respondent to pay the back wages for the period ie., from 04.03.2014 to 27.02.2016. Prayer in W.P.(MD)No.8809 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to promote the petitioner to the post of Superintendent 1/3 https://www.mhc.tn.gov.in/judis
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