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Madras High CourtWP/22239/2023disposed of

S.Madhanamusabar v. The Principal Director

2023-07-28Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Madhanamusabar ... Petitioner Vs The Principal Director, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

... Respondent Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to consider the petitioner's request as stated in his representation dated 22.06.2023 for promotion to the post of Assistant Divisional Engineer without insisting upon 10 years experience in the post of Junior Engineer as done in the case of similarly placed 7 Junior Engineers who were promoted as Assistant Divisional Engineer by the Order of the respondent in Proceedings No.3620/Nir 1[1] /2019 dated 08.05.2019 and grant him all consequential benefits.

For Petitioner : Mr.R.Rajendran For Respondent : Mr.P.Baladhandayutham, 1/5

Special Government Pleader

ORDER

This Writ Petition has been filed to direct the respondent to consider the petitioner's request as stated in his representation dated 22.06.2023 for promotion to the post of Assistant Divisional Engineer without insisting upon 10 years experience in the post of Junior Engineer as done in the case of similarly placed 7 Junior Engineers who were promoted as Assistant Divisional Engineer by the Order of the respondent in Proceedings No.3620/Nir 1[1] /2019 dated 08.05.2019 and grant him all consequential benefits.

2. The grievance of the writ petitioner is that the petitioner was promoted as a Junior Engineer on 14.08.2015. As per Tamil Nadu Highways Engineering Service Rules, 2015, a Junior Engineer who has completed 5 years of service is eligible for promotion to the post of Assistant Divisional Engineer. The persons who worked as Junior Engineers with five years experience have already been considered for promotion, while the petitioner has put in 7 years of service, he has not 2/5

been considered for promotion. In this regard the petitioner has given a representation dated 22.06.2023 to the respondent. But the same has not been considered till date. Hence, seeks a direction to the respondent to consider the representation of the petitioner dated 22.06.2023.

3. Since limited relief is sought, the respondent is directed to consider the representation of the petitioner dated 22.06.2023 on its own merits considering the earlier proceedings of the department promoting similarly situated persons, within a period of two months from the date of receipt of a copy of this Order.

4. With the above direction, this Writ Petition is disposed of. No costs.

28.07.2023 Index:Yes/No vrc To, 3/5

The Principal Director, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

4/5

N.SATHISH KUMAR, J.

vrc WP.No.22239 of 2023 28.07.2023 5/5