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Madras High CourtWMP/20782/2019allowed

G.Purushothaman, v. G.Ravichandran

2022-12-02Honourable Mr Justice S.M. Subramaniam4 pages

W.M.P.No.20782 of 2019 in W.P.No.9218 of 2019 and W.M.P.Nos.22812 of 2018 & 9775 of 2019 in W.P.Nos.19396 of 2018 & 9218 of 2019 S.M.SUBRAMANIAM, J.

The learned counsel appearing on behalf of the respondents / Transport Corporation raised a serious objection that on account of interim order of status quo, the respondents / Transport Corporation is unable to fill up the post of Assistant Manager (Legal) by way of promotion.

2. Stalling the entire promotion for an indefinite period is not desirable. Public posts are to be filled up with the eligible candidates in accordance with the Rules in the interest of public.

3. The learned counsel for the petitioner raised an objection by stating that unqualified persons are being promoted in violation of the Promotion Rules in force, as far as the post of Assistant Manager (Legal) is concerned.

4. Considering the importance for filling up of the post of Assistant Manager (Legal) by way of promotion, this Court is inclined to vacate the

interim order granted by this Court in W.M.P.No.9775 of 2019 in W.P.No.9218 of 2019 dated 10.07.2019. Accordingly, the respondents are permitted to fill up the post of Assistant Manager (Legal) by way of promotion from amongst the eligible candidates, who possess the Law Degree, which is the requisite qualification for promotion.

5. It is needless to state that the other eligibility criteria are to be scrupulously followed.

6. Accordingly, the vacate stay petition in W.M.P.No.20782 of 2019 in W.P.No.9218 of 2019 stands allowed.

7. In view of the orders passed in the vacate stay petition in W.M.P.No.20782 of 2019 in W.P.No.9218 of 2019, the miscellaneous petitions in W.M.P.Nos.22812 of 2018 & 9775 of 2019 in W.P.Nos.19396 of 2018 & 9218 of 2019 stands dismissed.

8. The Registry is directed to list the Writ Petitions for final hearing after two weeks.

02.12.2022 Jeni

S.M.SUBRAMANIAM, J.

Jeni W.M.P.No.20782 of 2019 in W.P.No.9218 of 2019 and W.M.P.Nos.22812 of 2018 & 9775 of 2019 in W.P.Nos.19396 of 2018 & 9218 of 2019 02.12.2022