T.Muthu Ganesh v. The Principal Secretary And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2023
CORAM:
THE HONOURABLE DR. JUSTICE D.NAGARJUN and W.M.P.No.1 of 2013 T.Muthu Ganesh
...Petitioner
Vs 1.
The Principal Secretary and Commissioner, (In charge) Corporation of Chennai, Ripon Building, Chennai - 600 003.
2.
The Assistant Commissioner, General Administration and Personal, Corporation of Chennai, Ripon Building, Chennai - 600 003.
3.
The City Health Officer, Corporation of Chennai, Ripon Building, Chennai - 600 003.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, call for the records relevant to the order in Su.Thu.Na.Ka.No.C2/4144/2013 dated 17.07.2013 passed by the Page No.1 of 5
first respondent and quash the same as illegal, improper against the rule of law and principles of natural justice and thereby directing the first respondent to include the petitioner's name in the panel for the post of Sanitary officer in Su.Thu.Na.Ka.N.C2/5994/2012 dated 26.04.2013 and promote the petitioner as Sanitary Officer in the Public Health Department, Corporation of Chennai. For petitioner :
No appearance For R1 :
Ms.C.Sangamithirai Special Government Pleader For R2 and R3 :
Mr.S.Gopinathan
JUDGMENT
This writ petition is filed seeking for direction to the respondents to include the petitioner's name in the panel and promote him to the post of Sanitary Officer for the year 2012 - 2013.
2.There is no representation on behalf of the petitioner. Ms.C.Sangamithirai, Special Government Pleader, learned counsel for first respondent and Mr.S.Gopinathan learned counsel for second and third respondents are also present.
3. The learned counsel appearing for the second and third respondents submitted that the name of the petitioner could not be included in the panel of officers to the post of Sanitary Inspector in the year 2012 - 2013 as Page No.2 of 5
disciplinary proceedings were pending against him on the crucial date and subsequently after filing of the writ petition, the disciplinary proceedings has been disposed of thereby. The petitioner name was included in the panel for the year 2012- 2013 and he was also given promotion. 4.The petitioner has also filed a copy of the proceedings giving promotion on 07.08.2014 which shows that the petitioner was already promoted. Since the petitioner was already promoted to the post of Sanitary Officer for the panel year 2012- 2013, the very purpose for which this writ petition is filed has already been fulfilled. For the same reason the petitioner has not been represented today as well as on the previous occasion. Today this matter has been listed under the caption "for dismissal" even then the petitioner has not envisaged to represent.
Accordingly, this writ petition is dismissed for non-prosecution. Connected writ miscellaneous petition is closed. Costs made easy. 02.11.2023 Vca Index : Yes/No Internet : Yes/No Page No.3 of 5
Dr.D.NAGARJUN.,J vca To 1.
The Principal Secretary and Commissioner, (In charge) Corporation of Chennai, Ripon Building, Chennai - 600 003.
2.
The Assistant Commissioner, General Administration and Personal, Corporation of Chennai, Ripon Building, Chennai - 600 003.
3.
The City Health Officer, Corporation of Chennai, Ripon Building, Chennai - 600 003.
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