Y.Mohammed Omer Sherif, v. Greater Chennai Corporation,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2025
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA and W.M.P. Nos. 21918 and 21919 of 2018 Y.Mohammed Omer Sherif ... Petitioner -vs1. Greater Chennai Corporation Rep. By its Commissioner Ripon Buildings Chennai-600003.
2. The Assistant Commissioner (GA&P) Greater Chennai Corporation Ripon Buildings, Chennai-600003.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Order of Direction more particularly in the nature of writ of Certiorarified Mandamus, to call for the records relating to impugned order of the first respondent bearing G.D.C.No.36/006341/2018 dated 06.07.2018 and to quash the same and consequently, direct the respondents to consider the name of the petitioner to the post of Junior Assistant under the category of graduate.
For Petitioner : Mr.T.Dharani For Respondents : Ms.K.Aswini Devi, SC for GCC 1/5
O R D E R
Heard Mr.T.Dharani, learned counsel for the petitioner, and Ms.K.Aswini Devi, learned Standing Counsel for the Greater Chennai Corporation and perused the materials placed on record, apart from the pleadings of the parties. 2.
The petitioner was appointed on compassionate ground in the respondent Corporation on 25.02.2011. The petitioner had passed X standard during March 1999 and XII standard during October 2012 and he also completed B.B.A. Computer Applications degree in the Tamil Nadu Open University. As the first respondent called for vacancies available in the post of Junior Assistant, the petitioner applied for the same in order to accommodate him under 1:1 ratio. As per the District Collector's circular dated 14.02.2018, as the petitioner has completed 5 years of service, he is eligible to be considered for promotion against the non-graduate category, but so far, he has not been considered. 3.
However, the learned counsel for the petitioner submitted that the petitioner had appeared for the XII standard during March 2001 and he could not clear the same. Thereafter, he joined B.B.A. Computer Applications in the 2/5
Tamil Nadu Open University and completed XII standard during the year 20112012 and he has also appeared for XII examination in the year 2012. The petitioner has not acquired the required qualification of 10 + 2 + 3 pattern, though he might have of 10+3+2 pattern, which is contrary to the condition stipulated under G.O.Ms. No. 65, Personnel and Administrative Reforms (S) Department, dated 02.07.2014. Even though the petitioner cannot be the eligible for the promotion panel for the year 2017-18, he could be considered for promotion panel during the year 2018-19, depending upon his seniority. 4.
In view of the above observations, the writ petition is disposed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 04.02.2025 Index: Yes/No Internet : Yes/No Speaking /Non-speaking order Maya To
1. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai-600003.
2. The Assistant Commissioner (GA&P) Greater Chennai Corporation 3/5
Ripon Buildings, Chennai-600003.
4/5
R.N.MANJULA, J.
Maya Dated : 04.02.2025 5/5