T.Kannan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2024

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN against W.A.No.227 of 2011

1. T.Kannan

2. J.R.Rajarajan

3. K.Yogalakshmi

4. S.Sabariselvan

5. P.J.Sathish Kumar ..

Petitioners Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Highways Department Fort St. George, Chennai - 600 009.

2. The Chief Engineer (General) Highways Department P.W.D. Campus, Chepauk, Chennai - 5.

3. Tamil Nadu Public Service Commission Rep. by its Secretary Government Estate, Chennai - 2.

4. Association of Tamil Nadu Highways Engineers Rep. by its General Secretary 35, Taluk Office Road, Saidapet Chennai - 600 015.

5. K.Harijakku

6. D.Selvakumar

7. S.Vanamamalai

8. J.Srihari ..

Respondents Prayer: Petition filed under Order 47 Rule 1 r/w Section 114 of the Code of Civil Procedure, 1908, against the order dated 11.02.2011 in W.A.No.227 of 2011.

For the Petitioners :

Mr.L.Sathiya Raj for Mr.N.Subramaniyan For the Respondents :

Mr.D.Gopal Government Advocate for R1 and R2

ORDER

(Delivered by the Hon'ble Mr. Justice S.M.SUBRAMANIAM) The appellants in the writ appeal have filed the present review petition.

2. The review petitioners filed writ petition, seeking writ of mandamus to direct the respondents to estimate the vacancies accrued every year in the category of Assistant Engineers and Junior Engineers in Highways Department up to the year of estimation of vacancies ending 2006 and apportion the same between Assistant Engineers and Junior Engineers in strict conformity with the Special Rules to Tamil Nadu Highways Engineering Subordinate Service and

Tamil Nadu Highways Engineering Service (i) without reserving any vacancy for appointment on compassionate grounds; (ii) following 75%:25% ratio rule amongst Assistant Engineers and Junior Engineers; and (iii) adjusting the already excessively appointed Diploma Holders/Junior Engineers in the vacancies reserved for Assistant Engineers etc., notify the vacancies apportioned for Assistant Engineers and to complete the process of selection and appointment of Assistant Engineers within three months.

3. The writ petition was dismissed and the writ appeal filed before the Division Bench was considered and the order of the Writ Court was confirmed.

4. The grounds, on merits, raised in the review petition need not be adjudicated in the present review petition. The grounds raised may be arguable in the appeal, but not in the review petition. The scope of review cannot be expanded. Therefore, we are not inclined to consider those grounds raised, which are all relating to the merits involved.

5. Since the petitioners have not established any error apparent, warranting interference from the hands of this Court, the present review petition stands dismissed. There shall be no order as to costs. (S.M.S., J.) (C.K., J.) 10.07.2024 Index : Yes/No drm

To:

1. The Secretary to Government The State of Tamil Nadu Highways Department Fort St. George, Chennai - 600 009.

2. The Chief Engineer (General) Highways Department P.W.D. Campus, Chepauk, Chennai - 5.

3. The Secretary Tamil Nadu Public Service Commission Government Estate, Chennai - 2.

4. The General Secretary Association of Tamil Nadu Highways Engineers 35, Taluk Office Road, Saidapet Chennai - 600 015.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

(drm) 10.07.2024