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Madras High CourtWP/27953/2017withdrawn dismissed

Tamilnadu Highways Road v. The Government Of Tamilnadu,

2017-11-03Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.27953 of 2017 and W.M.P.No.30000 of 2017 Tamilnadu Highways Road Employees Association, (Regn.No.97/2001), rep. by its General Secretary, No.3/1076-2, Muthuramalingam Nagar, Virudhunagar - 626 001.

.. Petitioner vs.

1.The Government of Tamil Nadu, rep. by the Secretary to Government, Fort St. George, Chennai - 600 009.

2.The Director General, Highways Research Centre Campus, Guindy, Chennai - 600 032.

3.The Chief Engineer (General), Chepauk, Chennai - 600 005.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of declaration, declaring G.O.(Ms) No.87, Highways and Minor Ports (HR1) Department dated 06.06.2016 amending Rule 4 of Special Rules for the Tamil Nadu Highways Engineering Subordinate (Work Charged) Service insofar as fixing new qualification for the post of Road Inspector Grade II by transfer from the post of Gang Mazdoor cannot be made applicable to the existing Gang Mazdoors who were reinstated pursuant to the judgment of the Division Bench in W.P.Nos.14661/2004 etc. batch reported in 2004 (4) MLJ

335 and consequently, direct the respondents not to insist the new qualification fixed in G.O.(Ms) No.87 dated 06.06.2016 for the members of the petitioner Association.

For Petitioner : Mr.K.M.Ramesh For Respondents : Mr.T.N.Rajagopalan Government Pleader (i/c)

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) On the prayer of the learned counsel appearing on behalf of the petitioner, leave is granted to the petitioner to withdraw the writ petition.

2. Writ petition is dismissed as withdrawn. No costs. Consequently, W.M.P.No.30000 of 2017 is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar bbr To:

1.The Secretary to Government, Fort St. George, Chennai - 600 009.

2.The Director General, Highways Research Centre Campus, Guindy, Chennai - 600 032.

3.The Chief Engineer (General), Chepauk, Chennai - 600 005.

+1cc to Mr.K.M.RAMESH Advocate, S.R.No. 78082 +1cc to the Government Pleader, S.R.No. 78158 W.P.No.27953 of 2017 RK (CO) TR(20/11/2017)