I.Srinivasan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.26001, 26427 and 27538 of 2017 and W.M.P.Nos.27584, 28120, 28121 and 29428 of 2017 1.I.Srinivasan 2.R.Kalaiarasi 3.C.Krishnaveni 4.G.Babu 5.B.Vasavi ... Petitioners in W.P.26001/2017 1.S.Kavitha 2.C.Vijaya Raj ... Petitioners in W.P.26427/2017 1.P.Vadivel 2.S.Shiyamala ... Petitioners in W.P.27538/2017 Vs.
1.The Secretary of Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009.
2.Director, Rural Development and Panchayat Raj Department, Panakal Building, Saidapet, Chennai - 600 015.
3.University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.
4.Indira Gandhi National Open University, Student Evaluation Division, Maidan Garhi, New Delhi - 110 068.
... Respondents in all the W.Ps.
5.The District Collector, Thiruvannamalai.
... Respondent in W.P.26001/2017
The District Collector, Krishnagiri.
... Respondent in W.P.26427/2017 The District Collector, Dharmapuri.
... Respondent in W.P.27538/2017 Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the fifth respondent in Na.Ka.No.5840/2015/PaA2 dated 19.08.2016, Proceeding Na.Ka.No.8939/2015/K3 dated 04.05.2015 and Proceeding Na.Ka.No.12783/2016/K4 dated 15.12.2016 respectively, quash the same and further direct the fifth respondent to consider petitioners promotion to the post of as an overseers in Thiruvannamalai District, Krishnagiri District and Dharmapuri District respectively.
For Petitioners: Mr.G.Murugendran For Respondents: Mr.S.Thangavel for R1, R2 and R5 Special Government Pleader Mr.P.Gopinath for R3 Mr.S.Saravanan for R4 C O M M O N O R D E R The petitioners have filed these writ petitions seeking to quash the respective orders dated 19.08.2016, 04.05.2015 and 15.12.2016 passed by the fifth respondent(s) and to direct the fifth respondent(s) to consider them for promotion to the post of overseer.
2.The learned counsel appearing for the petitioners submitted that the petitioners are Road Inspectors and they have completed the course of Diploma in Civil Engineering, however, they were not promoted as overseer, on the wrong footing that they have obtained Diploma in Civil Engineering from the Indira Gandhi National Open University through Distance Education. According to the learned counsel, the petitioners have obtained the said Diploma not by way of distance education, but by way of full time programme.
3.The learned counsel appearing for the third respondent submitted that now, the University Grants Commission granted approval for the course conducted by the Indira Gandhi National Open University by distance education for the years from 2009 to 2013-14.
4.Considering the submission made by the learned counsel for the petitioner and taking note of the subsequent development pointed out by the learned counsel for the third respondent, the first respondent is directed to consider the claim of the petitioners and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
5.With the above direction, these writ petitions stand disposed of.
No costs.
Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar pri To 1.The Secretary of Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009.
2.The Director, Rural Development and Panchayat Raj Department, Panakal Building, Saidapet, Chennai - 600 015.
3.University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.
4.Indira Gandhi National Open University, Student Evaluation Division, Maidan Garhi, New Delhi - 110 068.
5.The District Collector, Thiruvannamalai.
6.The District Collector, Krishnagiri.
7.The District Collector, Dharmapuri.
+3ccs to Mr.G.Murugendran, Advocate, S.R.No.18238, 18237, 18236 +3cc to Mr.S.Saravanan, Advocate, S.R.No.18978,18977,18976 +1cc to the Government Pleader, S.R.No.19184 W.P.Nos.26001, 26427 and 27538 of 2017 And W.M.P.Nos.27584, 28120, 28121 and 29428 of 2017 RGN(CO) CB(12/07/2021)