P.Vijayarathina Gopal v. The Secretary To Governemnt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.NOS.7705 AND 7713 OF 2005 P.Vijayarathina Gopal ... Petitioner in both WPs Vs.

1. The Secretary to Government Public Works (E2) Department Secretariat, Fort St. George, Chennai - 600 009.

2. The Engineer - in - Chief, WRO and Chief Engineer (General) Public Works Department Chennai - 600 005. Respondents 1&2 in both WPs' PRAYER IN W.P.NO.7705 / 2005: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in G.O.Ms.No.642, P.W.D., dated 29.10.

1997 and quash the same in so far as relates to the deferment of the name of the petitioner in the said panel and to direct the respondents herein to consider the name of the petitioner for inclusion in the panel for the year 1997-98 for promotion as Assistant Executive Engineer and to promote him as Assistant Executive Engineer, with retrospective effect from the date of his immediate junior was promoted without reference to the disciplinary proceedings initiated by the second respondent by issuing charge memo dated 02.12.1997 which culminated the punishment of stoppage of increment for six months with cumulative effect imposed by the first respondent by an order dated 16.11.2000 as confirmed by an order dated 07.05.2002 and 30.05.2003 with due seniority.

PRAYER IN W.P.NO.7713 / 2005: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records relating to the proceedings in (i) G.O.(D) No.322, Public Works (E2) Department, dated 16.11.2000 (ii) G.O.(D) No.210, Public Works Department, Public Works (F2) Department, dated 07.05.2002 and (iii) Letter https://hcservices.ecourts.gov.in/hcservices/

No.12642/F2/2002 dated 30.05.2003 of the Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009, the first respondent herein and quash the same. For Petitioner :

Mr.R.Muthukkannu For Respondents :

Mr.P.Chinnadurai Additional Government Pleader COMMON ORDER The learned counsel for the petitioner reports no instructions. Hence, the writ petitions are dismissed for default with liberty to the petitioner to re-open it, if he chooses to do so. No costs.

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

1. The Secretary to Government Public Works (E2) Department Secretariat, Fort St. George, Chennai - 600 009.

2. The Engineer - in - Chief, WRO and Chief Engineer (General) Public Works Department Chennai - 600 005.

+1cc to the Government Pleader, S.R.No.10427 W.P.NOS.7705 AND 7713 OF 2005 RSI(CO) KKV/17/06/2020 https://hcservices.ecourts.gov.in/hcservices/