K.Kumar, v. The State Of Tamilnadu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.33767, 33768, 33769 & 33770 of 2017 K.Kumar
...Petitioner
in W.P.No.30846 of 2017 B.Bubalasingam
...Petitioner
in W.P.No.30847 of 2017 Vs.
1.The State of Tamil Nadu rep. by its Secretary to Government, Highways and Minor Port (HK-3) Department, Secretariat, Chennai.
2.The Chief Engineer, Highways Department, Chepauk, Chennai.
3.The Superintendent Engineer, Highways, Construction and Maintenance, Coimbatore Circle.
..Respondents in both W.Ps 1/6
Common Prayer : Writ Petitions filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st and 2nd respondents to prepare the panel for the promotion to the post of Junior Engineer by including the name of the petitioner and further directing the respondents 1 and 2 to promote the petitioner to the post of Junior Engineer.
For Petitioner : Mr.G.Prabhu Rajadurai in both W.Ps For Respondents : Mr.R.P.Murugan Raja in both W.Ps Government Advocate
ORDER
The relief sought for in the present writ petitions is to direct the respondents 1 and 2 to prepare the panel for the promotion to the post of Junior Engineer by including the name of the petitioners and direct the respondents 1 and 2 to promote the petitioners to the post of Junior Engineer. 2.Promotion per se cannot be claimed as an absolute right. However, consideration for promotion is a fundamental right of an employee. In the event of 2/6
taking an administrative decision of the competent authorities to fill up the promotional post, then the names of all the eligible persons who all are aspiring to secure promotions are to be considered for inclusion of their respective names in the panel to be prepared for grant of promotion. Thus, promotions are to be granted strictly in accordance with the rules in force. Mere availability of vacancies would not confer any right on the employees to claim promotion. 3.The relief as such sought for to direct the respondents to prepare a panel cannot be considered by this Court, since preparation of panel based on the available vacancy is the administrative prerogative of the competent authorities and such a policy decision is to be taken by the competent authorities considering various factors including administrative exigencies.
Thus, creation of post, abolition of post, filling up of post are the administrative decisions to be taken and High Court cannot issue any direction to grant promotion or to fill up the promotional post by exercising the power of judicial review under Article 226 of the Constitution of India.
Junior Engineer. Thus, the relief as such sought for cannot be granted, however, the case of the writ petitioners is to be considered, whenever the process of promotion is undertaken by the competent authorities.
4.Accordingly, these writ petitions stand disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. 20.10.2022 Index : Yes Internet : Yes Speaking order : Yes ssr To 1.The State of Tamil Nadu rep. by its Secretary to Government, Highways and Minor Port (HK-3) Department, Secretariat, Chennai.
2.The Chief Engineer, Highways Department, Chepauk, Chennai.
4/6
3.The Superintendent Engineer, Highways, Construction and Maintenance, Coimbatore Circle.
5/6
S.M.SUBRAMANIAM, J.
ssr and W.M.P.Nos.33767, 33768, 33769 & 33770 of 2017 20.10.2022 6/6