K.Venkataraman, v. The Chairman-Cum-Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Writ Petition No.6627 of 2013 K.Venkataraman ....

Petitioner -VsThe Chairman-cum-Managing Director Tamilnadu Magnesite Limited (A Government of Tamil Nadu Undertaking) No.5/53, Omalur Main Road Salem-636 302.

....

Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the respondent vide Ref.E1/WP 3803/2008 dated06.02.2012 and quash the same and consequently direct the respondent to effect notional promotion to the petitioner for the post of supervisor on the administrative side of the respondent - management. (Prayer amended vide order dated 12.10.2022 made in WMP 22774/2021 in WP No.6627/2013 by MSRJ) For Petitioner : Ms.S.Girija For Respondents : Mr.M.R.Raghavan

O R D E R

The petitioner joined the services of the respondent as a Welder. There are two kinds of services in the rolls of the respondent; one is the administrative service and the other is the technical service. On completion of the required 1 / 4

service in the post of Welder, the petitioner was given the benefits of Selection Grade as well as Special Grade. However, he wanted to be appointed to the post of Junior Assistant, which he considered equivalent to the post of Special Grade Welder, on the administrative side. The said claim was rejected. Challenging the same, the present writ petition was filed.

2. Mr.M.R.Raghavan, learned counsel for the respondent has produced the Service Rules. As per the Rules, for the post of Junior Assistant or Assistant, the minimum qualification necessary is that of being a graduate. The petitioner had only completed his 10th Standard (SSLC) together with ITI Certificate. Therefore, he was not qualified to even be appointed as Junior Assistant or Junior Assistantcum-Typist.

3. When a person is not qualified to the post, the question of appointing him to the said post does not arise. Therefore, he could not be accommodated. This is the reason given in the impugned order. I do not find any error or illegality in the same. Therefore, the writ petition is dismissed. No costs. 21.06.2023 Index : Yes/No KST 2 / 4

To The Chairman-cum-Managing Director Tamilnadu Magnesite Limited (A Government of Tamil Nadu Undertaking) No.5/53, Omalur Main Road Salem-636 302.

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V. LAKSHMINARAYANAN, J.

KST W.P.No. 6627 of 2013 21.06.2023 4 / 4