G.Murali v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA Writ Petition No.29179 of 2008 G. Murali : Petitioner Vs

1. The Chairman Tamil Nadu Water Supply and Drainage Board 31, Kamarajar Salai Chepauk, Chennai - 600 005

2. The Managing Director Tamil Nadu Water Supply and Drainage Board 31, Kamarajar Salai Chepauk, Chennai - 600 005

3. The Secretary to Government Municipal Administration and Water Supply Department Government of Tamil Nadu Chennai - 600 009 : Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of writ directing the first respondent to issue orders on merits as requested in the petitioner's representation dated 04.02.2008 to include the petitioner's name in the panel of Assistant Engineers fit for promotion to the post of Assistant Executive Engineer for the year 2007 in between Er.K.Pandiaraj, Assistant Engineer (Panel Serial No.26) and Er.N. Rajasekar, Assistant Engineer (Panel Serial No.28) and also to promote the petitioner to the post of the Assistant Executive Engineer also duly fixing appropriate seniority in the post of Assistant Executive Engineers and allowing the petitioner to draw all monetary benefits attended thereto on par with his immediate junior, with retrospective effect from the date of his juniors illegally promoted, on merits within the time frame as may be fixed this Court.

For Petitioner : Mr.S.Sivakumar

For Respondents : R1 - No appearance R2 - Ms.S.Thamizharasi Standing Counsel R3 - Mr.K.Ravikumar Additional Government Pleader

O R D E R

This Writ Petition has been filed by G. Murali, who was serving as Assistant Engineer, seeking Writ of Mandamus, directing the Chairman, Tamil Nadu Water Supply and Drainage Board, Chepauk, Chennai, the first respondent herein, to pass orders on his pending representation dated 04.02.2008 to include his name in the Panel of Assistant Engineers fit for promotion to the post of Assistant Executive Engineer for the year 2007.

2. Today, when this Writ Petition is taken up for consideration, learned Counsel appearing for the petitioner fairly stated that during the pendency of this Writ Petition, the petitioner died. Recording the said submission, the Writ Petition is dismissed as abated, since the promotion cannot be given to a dead person. No Costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Vrn/rkm To

1. The Chairman Tamil Nadu Water Supply and Drainage Board 31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Managing Director Tamil Nadu Water Supply and Drainage Board 31, Kamarajar Salai Chepauk Chennai - 600 005

3. The Secretary to Government Municipal Administration and Water Supply Department Government of Tamil Nadu Chennai - 600 009.

+1 cc to The Government Pleader, Sr.No. 30524 Writ Petition No.29179 of 2008 BR(CO) CSL/03.05.2019