A V RAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) ONE A.V. Raman, Deputy Secretary, Manimegalai Social Welfare Association has filed this writ petition as a public interest litigation to issue a writ of mandamus directing the first respondent to immediately implement the directions of the 2nd respondent in their letter dated 28.12.1995 by promoting the 5th respondent as the Deputy Chairman of the Madras Dock Labour Board, Madras-1 in the place of the 4th respondent.

(2.) IN support of the said writ petition, the said A.V. Raman, has sworn to an affidavit in which he has stated that a letter dated 28.12.1995 was addressed by the second respondent, the Chairman, National Commission for SC/ST, New Delhi pointing out that one Mr.P. Sethuraman, 5th respondent working as an Executive Engineer in the Madras Dock Labour Board should be preferred to the appointment of the 4th respondent as Deputy Chairman of Madras Dock Labour Board and the said letter has not been deliberately carried out by the 1st respondent, the Union of INdia, for the reasons best known to it. By not impleading the recommendation of the second respondent dated 16.12.1995, the first respondent has shown a disrespect to the basic structure of the Constitution of INdia. A constitutional provision based upon social justice cannot be so lightly treated by any Government. Unless the intention of the Government is to over-ride the constitutional provision to favour certain group of persons, there cannot be any such favour.

(3.) HEARD Mr.S.K. Sundaram, learned counsel on behalf of the petitioner, Mr.K. Kumar, learned Additional Central Government Standing Counsel for the 1st respondent, Mr.G. Venkataraman, learned counsel for the 3rd respondent and Mr. Sankaranarayanan, for M/s. Aiyar & Dolia for the 4th respondent.