P. Ananda Jothi v. The State Of Tamilnadu
THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.11.2020
CORAM
THE HONOURABLE MR. JUSTICE P. VELMURUGAN W.P.No.36529 of 2007 and M.P.No.2 of 2007 P. Ananda Jothi ... Petitioner Vs.
1. State of Tamil Nadu rep.by its Secretary to Government Fort St.George,
2. The Engineer in Chief (Water Resources Organisation) and Chief Engineer (General) Chepauk, Chennai 600 005.
3. J.Anandasivakumar Assistant Engineer (Electrical) Electrical Section (Theni) Madurai South Sub Division Thallakulam, Madurai - 2.
4. A.Nagarajan, Assistant Engineer (Electrical) Parambikulam - Aliyar Project Campus, Meikanaickenapatty, Pollachi, Coimbatore District.
5. R.Chandrasekaran Assistant Engineer (Electrical) Electrical Section, Raj Bhavan, Chennai.
6. K.Lingam Assistant Engineer (Electrical) Govt.Head Quarters Hospital Compound (New) Tenkasi, Tirunelveli District.
7. M.Udhayasuriyan Assistant Engineer (Electrical) Secretariat Main building, Fort St.George,
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the second respondent in proceeding No.S 1 (1)/64605/2007-1 dated 04.12.2007 and quash the same in respect of the respondents 3 to 7 alone and consequently include the name of the petitioner who is already in Serial No.19 of the seniority list and promote him as Assistant Executive Engineer (Electrical).
For Petitioner :
Mr.R.Prem Narayanan For Respondents:
Mr.K.Magesh Special Govt.Pleader for R1 & R2 Mr.C.Vediappan for Mr.S.Mani for R3 to R6
O R D E R
The prayer in this writ petition is for issuance of writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the second respondent in proceeding No.S 1 (1)/64605/2007-1 dated 04.12.2007 and quash the same in respect of the respondents 3 to 7 alone and consequently include the name of the petitioner who is already in Serial No.19 of the seniority list and promote him as Assistant Executive Engineer (Electrical).
2. Heard both sides and perused the materials available on record.
3. An identical issue has been brought up before the Hon'ble Supreme Court and the same was dismissed in Civil Appeal Nos.10660-10662 of 2013 in the case of B.Thirumal Vs Ananda
Sivakumar & Others by holding that "Upgraded Assistant Engineers can be promoted only against the 25% quota reserved for them, not the 75% reserved for the State Service members". Following the same the present writ petition also stands dismissed. No costs. Consequently connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Secretary to Government Fort St.George,
2. The Engineer in Chief (Water Resources Organisation) and Chief Engineer (General) Chepauk, Chennai 600 005.
3. Assistant Engineer (Electrical) Electrical Section (Theni) Madurai South Sub Division Thallakulam, Madurai - 2.
4. Assistant Engineer (Electrical) Parambikulam - Aliyar Project Campus, Meikanaickenapatty, Pollachi, Coimbatore District.
5. Assistant Engineer (Electrical) Electrical Section, Raj Bhavan, Chennai.
6. Assistant Engineer (Electrical) Govt.Head Quarters Hospital Compound (New) Tenkasi, Tirunelveli District.
7. Assistant Engineer (Electrical) Secretariat Main building, Fort St.George, +1cc to Government Pleader in SR.NO..36954 W.P.No.36529 of 2007 GMR(CO) RV(08/12/2020)