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Madras High CourtWP/22958/2014closed

D.Prabakaran v. State Of Tamilnadu

2020-12-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.22958 of 2014 & MP.No.1 of 2014

1. D.Prabakaran

2. K.Velmurugan

3. P.Subramanian

4. M.Sivakumar ... Petitioners Vs.

1. State of Tamilnadu, Rep.by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.

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

3. Tiruppur Municipal Corporation, Rep.by its Commissioner, Tiruppur -641 601.

4. A.Amalraj, Technical Assistant, Zone-III, Tiruppur City Municipal Corporation, Tiruppur -641 601.

5. R.Ganesh Senthilkumar, Technical Assistant, Zone-I, Tiruppur City Municipal Corporation, Tiruppur - 641 601.

6. P.Sivakumar, Technical Assistant, Tiruppur City Municipal Corporation, Tiruppur - 641 601.

7. K.Kanagaraj, Technical Assistant, Zone-III, Tiruppur City Municipal Corporation, Tiruppur - 641 601.

8. T.Sivakumar, Technical Assistant, Zone-IV, Tiruppur City Municipal Corporation, Tiruppur - 641 601.

9. P.Sakthivel, Technical Assistant, Zone-II, Tiruppur City Municipal Corporation, Tiruppur - 641 601.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration, declaring that action of 3rd respondent Municipal Corporation in not granting promoting to petitioners 3 and 4 as Technical Assistant before appointing the respondents 8 and 9 as Technical Assistant by direct recruitment and showing the respondents 4 to 9 as seniors to the petitioners in the post of Techical Assistant in the final combined seniority list dated 18.12.2013 by canceling the seniority which was correctly fixed in the order dated 16.11.2011 and consequently direct the respondents to promote the petitioners 3 and 4 from the date on which the respondents 8 and 9 were appointed as Technical Assistants and place the name of the petitioners in the seniority list of the Technical Assistants above the names of the respondents 4 to 9.

For Petitioner : Mr.M.Muthupandian For R1 & R2 : Mr.A.N.Thambidurai, Spl.GP For R3 : M/s.P.Shanthi

ORDER

Today, when the matter was taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that during the pendency of the writ petition, the petitioners were promoted as Junior Engineers and hence, nothing survives for adjudication herein.

2.Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar av To

1. The Secretary to Government, The State of Tamilnadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.

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

3. The Commissioner, Tiruppur Municipal Corporation, Tiruppur -641 601.

+1cc to the Government Pleader4 Sr.41570 W.P.No.22958 of 2014 ss[co] srg 21/01/2021