The State Of Tamil Nadu v. M.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19/6/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.807 of 2015 and M.P.No.1 of 2015

1. The State of Tamil Nadu rep. By the Secretary to Government Higher Education Department Secretariat Chennai 9.

2. The Director of Technical Education Directorate of Technical Education Guindy Chennai 25.

... Appellants Vs

1. M. Selvaraj

2. N. Raghunathan

3. R. Senthil Kumar

4. C. Nataraju

5. P. Ramesh

6. M. Sulochana

7. R. Dharmalingam

8. D. Kalimuthu

9. Sri Krishna Polytechnic College, Coimbatore - 42 rep. By its Principal

10. Sri Ramakrishna Mission Vidyalaya Polytechnic College rep. By the Principal Polytechnic College Coimbatore 641 020.

... Respondents (Given up 9 and 10 respondents. Hence notice may be dispensed with)

Appeal filed under Clause 15 of the Letters Patent against the common order dated 29/5/2013 made in W.P.No.14823 of 2013. Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 & 2 to promote the petitioners to the post of Lecturer in the light of G.O.Ms.No.48, dated 28.3.13 or atleast to the post of instructor in the light of G.O.Ms.No.95 dated 26.3.2008, G.O.Ms.No.54 dated 18.3.2010, G.O.Ms.No.121 dated 1.4.2011 with all monetary and service benefits. For Appellants : Mr.K.Karthikeyan, Government Advocate.

For respondents : Mr.R.Singaravelan for M/s.M.Srividhya for R.R.2, 4, 6 and 8.

J U D G M E N T

(Judgment of the Court was delivered by SATISH K.AGNIHOTRI,J.,) Questioning the legality and validity of the order dated 29/5/2013, in W.P.No.14823 of 2013, the appellants/respondents 1 and 2 have come up with this writ appeal, after a period of about two years. What the learned Single Judge has directed in the order sought to be impugned is a consideration in the light of certain Government Orders. The order must have been acted upon/implemented by this time. Thus, at this stage, we are not inclined to entertain the writ appeal. Accordingly, the writ appeal is dismissed. No costs. Consequently, M.P.No.1 of 2015 is dismissed. However, we make it clear that this order shall not create any precedent for other cases.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mvs

To

1. The Secretary to Government Higher Education Department Secretariat Chennai 9.

2. The Director of Technical Education Directorate of Technical Education Guindy Chennai 25.

+1cc to Mr.M.Srividhya, Advocate, S.R.No.30466 +1cc to the Government Pleader, S.R.No.30253 W.A. No.807 of 2015 TEJ(CO) CA(03/07/2015)