R. Lakshmi Narayanan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
1. R.Lakshmi Narayanan
2. E.Hari
3. S.Seenan
4. A.Perumal
5. T.V.Kothandaraman
6. M.Venkatesan
7. K.Gopalakrishnan
8. S.Periyanaayagasagayaraj
9. Mani Mozhi
10. D.Rajendran
11. K.Arulanandham ... Petitioners -Vs1. The Commissioner, Chennai Corporation, Rippon Building, Chennai-3.
2. The Superintending Engineer (Electrical), Chennai Corporation, Rippon Building, Chennai-3.
3. E.Venkatesan
4. E.Jayakumar
5. P.Sridhar
6. M.Sivanandam
7. S.Narayanan
8. J.Mahadevan
9. S.Thiyagarajan
10. G.Kumar
11. D.Suresh
12. M.Masel David
13. P.Anthony Raj
14. A.Kannan
15. A.Selvakumar
16. S.Sudhakar
17. M.Paul Androgladin
18. G.Arunagiri
19. S.Ravi
20. J.Anpazhagan
21. M.Selvaraj
22. B.Rajendran
23. K.Kumar
24. T.Vaidhiyanathan
25. T.Ramesh Babu
26. N.Boopalan
27. C.A.Thomas
28. R.Sugumar
29. S.Balasundaram
30. V.Sampathkumar
31. A.Justin Thomas ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned panel issued by the second respondent in EB Roc. No. A1/4170/2011 dated 20.07.11 and quash the same and consequently direct the respondents 1 and 2 to include the names of all the petitioners for promotion to the post of Lighting
Inspectors in accordance with their seniority and promote them the post of Electrician with all attendant benefits.
For P1, P2, P4 to P11 : Mr.R.Prem Narayan For P3 : Mr.T.Sundaravadanam For R1 and R2 : Mr.G.T.Subramanian Standing Counsel For R3 to R18, R20, R21, R23 to R31 : Notice served No appearance For R19 and R22 : M/s D.Hariniyadav for Mr.A.Palaniappan
ORDER
This Writ Petition has been filed challenging the panel issued by the second respondent dated 20.07.2011.
2. Heard and perused the materials available on record.
3. As per the panel, the respondents 3 to 31 were already promoted to the post of Lighting Inspector. The main ground raised by the petitioners is that they were recruited to the post of Electrician by the
respondents 1 and 2. The qualification for the said post was 8th standard pass with ITI certificate. The next avenue for promotion is Lighting Inspector. As per the Madras Corporation Engineering Subordinate Services By-Laws, 1981, the qualification for the post of Lighting Inspector is 8th standard pass with ITI Certificate. However, now the respondents 1 and 2 had formed new rules in the year 2009 and the same was published in the Tamil Nadu Government Gazette without even any approval from the Government. Therefore, they are also entitled for promotion to the post of Lighting Inspector as per the old rules. Now, the respondents 3 to 31 were promoted to the post of Lighting Inspector and as such the prayer sought for in this writ petition become infructuous.
4. However, as per the new rules, some of the petitioners had now passed S.S.L.C and they are qualified to be promoted to the post of Lighting Inspector. Therefore, those who have completed S.S.L.C and possess ITI certificate are at liberty to make representation before the first and second respondents, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the respondents 1 and 2 are directed to consider their request and include them in the
panel for promotion to the post of Lighting Inspector, within a period of two weeks thereafter.
5. With the above directions, this Writ petition is disposed of. No costs.
15.09.2023 Note: Issue order copy on 15.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn
G.K.ILANTHIRAIYAN, J.
mn To
1. The Commissioner, Chennai Corporation, Rippon Building, Chennai-3.
2. The Superintending Engineer (Electrical), Chennai Corporation, Rippon Building, Chennai-3.
15.09.2023