A.Sekar,M.E. v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.8046, 8048, 8051, 8054, 8057, 8061 & 8062 of 2021 A.Sekar ... Petitioner in W.P.No.8046 of 2021 M.S.Kannan ... Petitioner in W.P.No.8048 of 2021 R.Arulanandan ... Petitioner in W.P.No.8051 of 2021 R.Ponnusamy ... Petitioner in W.P.No.8054 of 2021 C.Veerarajan ... Petitioner in W.P.No.8057 of 2021 D.Ayyasamy ... Petitioner in W.P.No.8061 of 2021 S.Pitchaiandi .. Petitioner in W.P.No.8062 of 2021 -vsThe Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai 600 005.
..Respondent(in all W.P's) Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondent to promote the Petitioner to the category of Executive Engineer by granting relaxation of two years of service as Assistant Executive Engineer in Project Formulation/Design/Office work, based on the representation dated 04.03.2021, 08.03.2021, 09.03.2021, 10.03.2021, 08.03.2021, 09.03.2021, 08.03.2021 respectively and until such time, to keep one post vacant in the category of Executive Engineer. For Petitioner in all W.Ps.
:
Mr.V.C.Selvasekaran For Respondent in all W.Ps.
:
Mr.Karthik Rajan * * * * * * *
COMMON ORDER As the issue involved in the above Writ Petitions is one and the same, cases are taken up for disposal by a common order. 2.
Petitioners have come up with the above Writ Petitions seeking a direction to the Respondent to promote them to the category of Executive Engineer by granting relaxation of two years of service as Assistant Executive Engineer in Project Formulation/Design/Office work, based on their representations and until such time, to keep one post vacant in the category of Executive Engineer.
3.
According to the Petitioners, they have made detailed representation to the Respondent Board through proper channel, stating that, they are qualified to be considered for promotion and the Respondent Board while considering the panel, had grossly erred in not taking into account their earlier service as Assistant Engineer. It is their grievance that, the Respondent Board, on several occasions in the past, has promoted Officers and servants by relaxing the qualifications required under Regulation 23 of the Service Regulations by invoking Regulation 54, but, to the contrary, the Respondent/Board has failed to grant the benefit of relaxation to them. 4.
Heard the learned counsel on either side and perused the material documents available on record.
5.
Considering the facts and circumstances of the case, this Court directs the Respondent Board to consider the individual representations made by the Petitioners for considering their names in the panel for the year 2020-2021 in the light of the Letter dated 02.03.2021 addressed by the Special Secretary to Government to the Respondent/Board, and the Board's proceedings dated 29.04.2020, and pass appropriate orders in accordance with law, if there are no other legal impediments, within a period of thirty days from the date of receipt of a copy of this order.
These Writ Petitions are disposed of accordingly. No costs. Consequently, connected W.M.P.Nos.8598, 8600, 8601, 8603, 8604, 8606 and 8608 of 2021 are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar (aeb)
To:
The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai 600 005.
Common Order in W.P.Nos.8046, 8048, 8051, 8054, 8057, 8061 & 8062 of 2021 UM(CO) SU(26/07/2021)