S.Kanivalan, v. The Deputy Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P. Nos. 2, 2, 3 & 3 of 2015 S. Kanivalan

...Petitioner

in W.P. No. 2617/2015 K. Kumar

...Petitioner

in W.P. No. 2618/2015

Versus

1.The Deputy Commissioner (Service) Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.K. Kandhan, Electrician, Zone-IX, Chennai Corporation, Chennai.

3.Ahamed Hussain, Electrician, Zone-VI, Chennai Corporation, Chennai.

4.S. Lakshmi, Typist, Chief Engineer (Special Scheme) Department, Chennai Corporation, Chennai.

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5.V. Ramakrishnan, Watchman, Mechanical Engineer Department (Printing Press), Chennai Corporation, Chennai.

6.R. Santhosh Kumar, Road Worker, Zone-X, Chennai Corporation, Chennai.

...Respondents

in both W.Ps Common Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in this proceedings in Po.Thu.Na.Ka.Yen.E4/55616/2014 dated 13.01.2015 passed by the first respondent and quash the same and direct the 1st respondent to promote the petitioner to the Post of Junior Engineer (Electrical) and thus render justice.

For Petitioner :

Mr. M. Vijaya Kumar, For Respondents :

Ms. P.T. Ramadevi, for R1 Standing Counsel C O M M O N O R D E R These Writ Petitions are being disposed of by way of this common order.

2. In these Writ Petitions, the Petitioners have challenged the Proceedings dated 13.01.2015 of the 1st Respondent bearing Reference in 2/6

Po.Thu.Na.Ka.Yen.E4/55616/2014 and quash the same and to direct the 1st Respondent to promote the Petitioners to the post of Junior Engineer (Electrical).

3. Learned counsel for the Petitioners fairly conceded that during the pendency of the present Writ Petitions, in the year 2017, the Petitioners were promoted to the post of Junior Engineer (Electrical) over the Private Respondents / 2nd to 6th respondents.

4. However, the learned counsel for the Petitioners would submit that, yet another employee of the Respondent Corporation had filed a Writ Petition in W.P. No. 30347 of 2015 and had secured an Order from this Court wherein, promotion was ordered from the date of acquiring the requisite qualification. As a result of which, Ms. P. Kanagaraji was given promotion with effect from the date of acquiring the requisite qualification vide Order dated 01.06.2023 in W.P. No. 30347 of 2015.

5. In these cases, the Petitioners have obtained the requisite qualification for promotion in the year 2012, however, promotion was given 3/6

to the Petitioners only in the year 2017, during the pendency of the present Writ Petitions.

6. The Petitioners would still be in service as they were only aged about 39 and 44 years respectively at the time of filing of these Writ Petitions. The conferment of promotion to the Petitioners in the year 2017 prospectively, if at all, has to be agitated by the Petitioners by challenging the aforesaid Promotion Order issued to the Petitioners in the yar 2017 by the respondent in the light of the aforesaid decision of this Court in W.P. No. 30347 of 2015 vide Order dated 01.06.2023.

7. Therefore, these Writ Petitions are dismissed with liberty to the Petitioners to work out their remedy in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs. 07.02.2025 Index : Yes/No AT 4/6

To The Deputy Commissioner (Service) Corporation of Chennai, Rippon Building, Chennai - 600 003.

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C.SARAVANAN, J.

AT W.P. Nos. 2617 & 2618 of 2015 and M.P. Nos. 2, 2, 3 & 3 of 2015 07.02.2025 6/6