P.Manimaran, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P.No.20721 of 2012 and M.P.Nos.1 and 2 of 2012 P.Manimaran .. Petitioner vs.

1.The Government of Tamil Nadu, rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3.Manakavala Perumal .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents not to accommodate the 3rd respondent in the post of system Analyst on permanent basis until service rules is framed or in the alternative directing the 1st and 2nd respondents to forthwith finalise the "Tamil Nadu Urban and Local Body Information Technology Service Rules 2008" so as to enable the petitioner to get further promotions.

For petitioner : Mr.K.Raja For respondents 1 & 2 : Mr.R.Ravichandran Additional Government Pleader For 3rd respondent : No appearance

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus to direct the first and the second respondents not to accommodate the third respondent in the post of System Analyst, on a permanent basis, until service rules are framed, and to direct the first and the second respondents, to finalise the

"Tamil Nadu Urban and Local Body Information Technology Service Rules 2008", so as to enable the petitioner to get further promotions.

2. The petitioner has submitted that he belongs to the Scheduled Caste Community and he had obtained an M.C.A. Degree. Thereafter, he had been appointed as an Assistant Programmer, in Tambaram Municipality, by the Commissioner of Municipal Administration, on 25.06.1999, having been sponsored by the Employment Exchange. The service of the petitioner had been regularised, with effect from 25.06.1999. Now, he has been working as Programmer-in-Charge, in the office of the Regional Director of Municipal Administration, Chengalpattu, Kancheepuram District. It has been further stated that even though the petitioner had been working from the year 1999, Selection Grade had not been awarded to him. There are no service rules to that effect. It has been further stated that, even though the "Tamil Nadu Urban and Local Body Information Technology Service Rules 2008" have been drafted and the same are pending. Further, "Tamil Nadu Urban and Local Body Information Technology Service Rules 2008" had not been finalised and given effect to.

3. The learned counsel appearing on behalf of the first and the second respondents had submitted that the "Tamil Nadu Urban and Local Body Information Technology Service Rules 2008" has not come into force, till date. Therefore, the relief prayed for by the petitioner, in the present Writ Petition, cannot be granted, at this stage.

4. In view of the submission made by the learned counsel appearing on behalf of the first and second respondents that the "Tamil Nadu Urban and Local Body Information Technology Service Rules 2008" had not come into force, till date, the relief prayed for by the petitioner cannot be granted, at this stage, in the present Writ Petition. Hence, the Writ Petition stands closed. No costs. Connected M.P.Nos.1 and 2 of 2012 are also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar asvm

To 1.The Secretary, The Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

W.P.No.20721 of 2012 and M.P.Nos.1 and 2 of 2012 aa06/11/2015