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Madras High CourtWP/24960/2009dismissed as infructuous

M.Kandasamy, v. The Principal Secretary/

2023-03-13Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.03.2023

CORAM

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No. 24960 of 2009 1.

M.Kandasamy G.Santhanam 3.

M.Sastiravel 4.

R.Ganesan 5.

K.Kailasam 6.

C.Sundararaj 7.

K.Chandrasekaran 8.

P.Sivakkumar ... Petitioners ..Vs..

1.

The Principal Secretary/Commissioner of Technical Education Chennai - 25.

The Secretary to Government Higher Education Department Secretariat, Chennai - 9.

... Respondents

PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the records connected with the Government Order in G.O.(Ms.).No. 149, Higher Education (C2) Department, dated 27.05.2009 passed by the second respondent and quash the same in respect of cancellation of 178 posts of Instructor in para No.7 of the said Government order in so far as the petitioners are concerned and direct the respondents to follow the Special Rules and to consider the case of the petitioners with regard to their promotion to the post of Instructor with all benefits. *** For Petitioners :: Mr. K.Arumugam for M/s. G.Elanchezhiyan For Respondents :: Mr. T.K.Saravanan Government Advocate

ORDER

The learned Government Advocate appearing for the respondents submitted that similar Government Order has been challenged before the Writ Court and the Writ Court has quashed the same, against which, the Government has preferred a batch of Writ Appeals and the same were allowed by the Hon'ble Division Bench of this Court by an order dated

13.07.2022 upholding the Government Order in G.O.Ms.No. 149, dated 27.05.209.

The learned counsel for the petitioner has made the following endorsement to that effect:- "This Writ Petition may be dismissed as infructuous." 3.

In view of the endorsement made by the learned counsel for the petitioner and also the submissions made by the learned Government Advocate, this Writ Petition stands dismissed as infructuous. 13.03.2023 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.

The Principal Secretary/Commissioner of Technical Education Chennai - 25.

J.SATHYA NARAYANA PRASAD, J.

vsg The Secretary to Government Higher Education Department Secretariat, Chennai - 9.

W.P.No. 24960 of 2009 13.03.2023