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Madras High CourtWA/902/2021dismissed as infructuous

S.Viswanathan v. The Chairman

2024-04-08Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE K. KUMARESH BABU S.Viswanathan ... Appellant Vs.

1. The Chairman, Chennai Port Trust, Chennai 600 001.

2. The Deputy Chairman, Chennai Port Trust, Chennai 600 001.

3. The Secretary, Chennai Port Trust, Chennai 600 001.

4. The Chief Mechanical Engineer, Chennai Port Trust, Chennai 600 001.

5. K.Mahalingam ... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 27.11.2020 passed by this Court in W.P.No.30413/2013, in so far as directing the respondents 1 to 4 to carry out the whole selection process once again instead of promoting the appellant as Deputy Chief Mechanical Engineer (Mechanical) with retrospective effect from

24.06.2013 with all attendant benefits.

For Appellant : Mr. K.Raja for Mr.T.S.Selvarani For Respondents : Mr.Arun Dhanapalan for Respondents 1 to 4 No appearance for R5.

JUDGMENT

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) Today, when the matter is listed for hearing, the learned counsel for the appellant informed before this court that after passing of the order by the Writ Court, fresh selection process was commenced, candidates were selected and, appointment order was also issued to them. Inview of the above said further developments, the prayer sought for in the writ appeal has become infructous and nothing survives for further adjudication.

2. The learned counsel for the appellant submitted that, instead of giving promotion to the appellant, the Department has given an appointment order.

3. Inview of the fact that the selection process was taken place and

appointment order was also issued in favour of the selected candidates, the writ appeal is dismissed as infructuous. However, liberty is granted to the appellant to challenge the selection process, if permissible under law. (D.K.K.J.) (K.B.J.) 08.04.2024 Internet: Yes/No Index : Yes/No mst To

1. The Chairman, Chennai Port Trust, Chennai 600 001.

2. The Deputy Chairman, Chennai Port Trust, Chennai 600 001.

3. The Secretary, Chennai Port Trust, Chennai 600 001.

4. The Chief Mechanical Engineer, Chennai Port Trust, Chennai 600 001.

D.KRISHNAKUMAR, J.

and K. KUMARESH BABU , J.

mst 08.04.2024