P.Shanmugam, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.16764 of 2017 P.Shanmugam ... Petitioner Vs.

1. The Chairman, Chennai Port Trust,

2. The Deputy Chairman, Chennai Port Trust,

3. The Chief Engineer, Civil Engineering Department, Establishment Division, Chennai Port Trust,

4. M.Saleem Ahamed

5. R.Rajendran ... Respondents [R4 and R5 impleaded vide order dated 18.10.2023 made W.M.P.No.16609 of 2022] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records in

pursuant to the notice issued by the 3rd respondent vide No.E1/ 820/2017/ E dated 23.05.2017 and quash the same with a consequential direction to the respondents to included the petitioners name in the panel of eligible officers in the Feeder Category of Executive Engineer (Civil) for the promotion to the post of Superintending Engineer (Civil).

For Petitioner : Mr.T.P.Prabakaran For R1 to R3 : Mr.P.M.Subramaniam, Senior Counsel assisted by Mr.A.Kumaraguru

O R D E R

The grievance of the petitioner in this Writ Petition is with regard to the seniority in the cadre of 'Executive Engineer' and consequential claim for consideration for promotion to the post of 'Superintending Engineer'.

2. When the matter is taken up for consideration, Mr.P.M.Subramaniam, learned Senior Counsel appearing for the respondents brought to the notice of this Court that during the pendancy of the Writ Petition, the seniority was again revised and accordingly,the seniority list was issued in Notice No.E1/1319/2022/E dated 20.12.2022, wherein the name of the petitioner was included at Sl.No.9 and his case would be considered for promotion to the post of 'Superintending Engineer' shortly. A copy

of the same is also furnished to the learned counsel for the petitioner. However, the learned counsel for the petitioner could not dispute the contention of the learned Senior Counsel for the respondents for want of proper instructions from the petitioner.

3. In view of the submissions made by learned Senior Counsel appearing for the respondents and in the light of the Notice No.E1/1319/2022/E dated 20.12.2022, this Court is of the considered view that the cause in the Writ Petition does not survive any more and accordingly, the same is closed. No costs. Interim orders, if any subsisting as on date shall stand dissolved. Connected Miscellaneous Petitions, if any shall stand closed. 29.07.2024 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Chairman, Chennai Port Trust,

2. The Deputy Chairman, Chennai Port Trust,

3. The Chief Engineer, Civil Engineering Department,

Establishment Division, Chennai Port Trust,

MUMMINENI SUDHEER KUMAR, J.

skr 29.07.2024