K.Sugumaran v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.6728 of 2016 K.Sugumaran ..

Petitioner -vs1. The Secretary to Government Secretariat, Saint Fort George Chennai

2. The Engineer-in-Chief (W.R.D.) Chief Engineer (General)

3. The Chief Engineer (W.R.D.) Chennai Region

4. The Superintending Engineer (W.R.D.) Palar Basin Circle ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 12.10.2015 to confirm the petitioner seniority as par of the juniors from the issuance of G.O.Ms.No.125/B1/85 dated 30.4.1985 in accordance with law.

For Petitioner ::

Ms.Na.Thara For Respondents ::

Mr.S.Gunasekaran Government Advocate

ORDER

This writ petition has been filed by Mr.K.Sugumaran seeking a writ of mandamus directing the first respondent to consider his representation dated 12.10.2015, in which he has sought to confirm his seniority on par with his juniors from the issuance of G.O.Ms.No.125/B1/85 dated 30.4.85.

2. Learned counsel for the petitioner submitted that although the petitioner was appointed on 14.9.98 and he joined duty only on 18.12.98 at the office of the Executive Engineer, Public Works Department, WRD, Kosasthalaiyar Basin Division, Tiruvallur, his juniors have become seniors. In this regard, he has made a representation dated 12.10.2015. Since the same has not been considered, he has come to this Court.

3. But on perusal of the affidavit, it is seen that nowhere the petitioner has mentioned the names of his juniors. Even in the representation dated 12.10.2015, the petitioner has not mentioned the name of any one of his juniors. Therefore, the prayer of the petitioner to issue a writ of mandamus or direction to consider his representation with regard to the fixation of seniority on par with his juniors from the date of issuance of G.O.Ms.No.125/B1/85 dated 30.4.85 cannot be considered. Hence, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss To

1. The Secretary to Government Secretariat Chennai 600 009

2. The Engineer-in-Chief (W.R.D.) Chief Engineer (General)

3. The Chief Engineer (W.R.D.) Chennai Region

4. The Superintending Engineer (W.R.D.) Palar Basin Circle +1cc to Mr.Na.Thara, Advocate, S.R.No.12211 +1cc to the Government Pleader, S.R.No.12211 RSI(CO) EU(11/03/2016) W.P.No.6728 of 2016