Madras High CourtWP/4291/2018dismissed

S.Ethiraj v. The Commissioner

2018-02-27Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.4291 of 2018 S.Ethiraj ..

Petitioner -vs1. The Commissioner Puducherry Municipality Puducherry 605 001

2. The Director Local Administration Department Puducherry 605 001 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to promote the petitioner to the post of Sanitary Inspector Grade-II with effect from 01.07.2004, which post the petitioner is holding on in-charge basis with effect from 30.11.2008.

For Petitioner ::Mr.P.Suresh For Respondents::Mr.Nambiselvam Addl. Government Pleader(Pondy)

ORDER

This writ petition has been filed seeking a mandamus directing the respondents to promote the petitioner to the post of Sanitary Inspector Grade-II with effect from 01.07.2004, which post the petitioner is said to be holding on in-charge basis with effect from 30.11.2008.

2. Learned counsel for the petitioner has not even enclosed a copy of the order appointing the petitioner in the Puducherry Municipality. The petitioner has simply mentioned that he joined the Puducherry Municipality on daily wage basis in the year 1980. But there is no proof whatsoever enclosed. Again it is stated that he was absorbed into regular establishment in the post of Sanitary Assistant on 1.6.87. Even that order also has not been enclosed. Therefore, when the petitioner is not even able to show before this Court the order of his appointment and he has miserably failed to substantiate his claim that he was https://hcservices.ecourts.gov.in/hcservices/

already absorbed in the regular establishment in the post of Sanitary Assistant on 1.6.87, merely on the basis of a resolution passed for consideration of his case for promotion to the post of Sanitary Inspector Grade-II, the petitioner cannot make any claim and moreover he cannot come to this Court without there being any legal hold. Hence, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss To

1. The Commissioner Puducherry Municipality Puducherry 605 001

2. The Director Local Administration Department Puducherry 605 001 +1cc to Government Pleader SR.No.15590 sm:12.3.2018 W.P.No.4291 of 2018 https://hcservices.ecourts.gov.in/hcservices/