J. Hidayathulla v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:20.03.2024 Coram:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Writ Petition No.31475 of 2017 and W.M.P.No.34579 of 2017 J.Hidayathulla S/o Jainulabudeen Accountant Regional Transport Office, Madurai South, Madurai District.

.. Petitioner /versus/ 1.The Secretary to Government, Home (Transport)Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The Principal Secretary/Transport Corporation,

3.The Joint Transport Commissioner(Admn.) .. Respondents Prayer:

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to fix the seniority in the category of Assistants in the Ministerial Service of the Transport Department in accordance with Tamil Nadu Ministerial Service Rules before effecting promotions to the post of Office Superintendent for the panel 2016-2017 in consideration of the Committee's Report on Fixation of Seniority in the category of Assistants dated 02.01.2017 and consequently promote the petitioner in accordance with service rules.

For Petitioner :Mr. A.Mohamed Ismail For Respondents :Mr.M.Alagu Goutham, Government Advocate -----

ORDER

This Writ Petition has been filed seeking to issue a Writ of Mandamus to direct the respondents to fix the seniority in the category of

Assistants in the Ministerial Service of the Transport Department in accordance with Tamil Nadu Ministerial Service Rules.

2. During the course of hearing, the learned Government Advocate appearing for the respondents, on instructions, submitted that the petitioner is promoted after fixing the seniority list in the category of Assistant in the year 2018 itself and as such, no further adjudication is required in the present writ petition.

3.The learned counsel appearing for the petitioner also accepts that the petitioner got promotion.

4.In view of the factual position, nothing survives for further adjudication in this writ petition.

5.Accordingly, this Writ Petition is dismissed as infructuous. 6.Consequently, connected Miscellaneous Petition is closed. 7.There shall be no order as to costs.

20.03.2024 Index:yes/no Internet:yes/no Speaking order/non speaking order ari To:

1.The Secretary to Government, Home (Transport)Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The Principal Secretary/Transport Corporation,

3.The Joint Transport Commissioner(Admn.)

BATTU DEVANAND,J.

ari and W.M.P.No.34579 of 2017 20.03.2024