S.Muthukumar v. Chennai Port Trust
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2020
CORAM
THE HON'BLE MR.JUSTICE P.VELMURUGAN W.P.NO. 643 OF 2007 AND WMP.NOS. 1 & 2 OF 2007 S.Muthukumar ..Petitioner Vs 1.Chennai Port Trust represented by its Chairman, Rajaji Salai, Chennai-1.
2.The Chief Engineer, Chennai Port Trust, Chennai -1.
3. A.Manoharan 4.V.S.Harirajan 5.D.Subramanian 6.The Managing Director, Indian Ports Association, 1st Flor, South Tower, NBCC Place, Bhishan Pittamah Marg, Lodhi Road, New Delhi -110003.
..Respondents [R6 impleaded as per order of this Court dt.10.10.2011 vide in MP.NO.1/11 BY PVJ] Prayer: Writ Petition is filed under Article 226 of Constitution of India for Certiorarifed Mandamus, calling for the records pertaining to the seniority list of Assistant Executive Engineers (Civil) displayed on 8.3.2006 on the file of the first and second respondents and subsequent promotion orders issued by the second respondent vide No.E1/5671/2006/E dated 16.12.2006 of the respondents 3 to 5 to the posts of Executive Engineer(Civil) an quash the same and direct the first and second respondents to consider the promotion of the petitioner to the post of Executive Engineer(Civil) For Petitioner : No Appearance For Respondents : Mr M.R.Dharani Chander, - R1&R2 R3 to R6 - No Appearance *****
O R D E R
The prayer sought for in the writ petition is to call for the records pertaining to the seniority list of Assistant Executive Engineers (Civil) displayed on 8.3.2006 on the file of the first and second respondents and subsequent promotion orders issued by the second respondent vide No.E1/5671/2006/E dated 16.12.2006 of the respondents 3 to 5 to the posts of Executive Engineer(Civil) an quash the same and direct the first and second respondents to consider the promotion of the petitioner to the post of Executive Engineer(Civil).
2. When the matter came up for hearing on 02.11.2020, there was no representation for the petitioner, therefore, the learned counsel appearing for the respondents 1& 2 was directed to get instructions with regard to the correct position of the case.
3. Even today there was no representation on behalf of the petitioner. The learned counsel appearing for the respondents 1& 2 has produced a letter in No. E1/8775/2006/E issued by the Deputy Chief Engineer and submitted that as per the guidelines dated 14.02.2008 issued by the Hon'ble Supreme, a revised seniority list was prepared and as per the revised seniority list, the petitioner was granted further promotion to the post of Executive Engineer on 04.12.2009, Superintending Engineer on 30.07.2013 and Deputy Chief Engineer on 08.04.2015 and has been retired from service on superannuation on 30.04.2019. He would further submit that the petitioner had reached maximum position in Civil Engineering Department, therefore nothing survives for adjudication in the present writ petition.
4. Recording the above letter issued by the Deputy Chief Engineer and the submissions made by the learned counsel appearing for the respondents 1& 2, writ petition is dismissed as infructuous. No Costs.
Sd/- Asst. Registrar (CS) //True Copy// Sub Asst. Registrar ak To
1. The Chairman, Chennai Port Trust Rajaji Salai, Chennai-1.
2.The Chief Engineer, Chennai Port Trust, Chennai -1.
W.P.No. 643 of 2007 and WMP.Nos. 1 & 2 of 2007 RGN(CO) VC (19/12/2020)