S.Rajkumar v. The Govt Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.03.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.33373 and 34153 of 2019 and W.M.P.Nos.33836, 34770 of 2019, 3010, 1044, 21526 of 2020 & 1723 of 2021

1. S.Rajkumar

2. P.Mahavishnu

3. M.Sreedharan

4. R.Mariasusai

5. R.Thabasi Ananthi

6. A.Alwin Gnanasekar

7. C.Thiliban

8. K.Selvakumar

9. N.Ananthan .. Petitioners in W.P.No.33373 of 2019

1. Vetri Velan

2. J.John Devakumar

3. S.Baskaran

4. K.Ramesh

5. S.Govindarajan .. Petitioners in W.P.No.34153 of 2019 Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary, Public Works Department, Secretariat, Chennai-9.

2. The Engineer-in-Chief (WRD), & Chief Engineer (General), Public Works Department, Chepauk, Chennai-5.

3. The Tamil Nadu Public Service Commission, Rep. by its Secretary, T.N.P.S.C Road, Chennai-3.

..Respondents in both the Writ Petitions

Writ Petition No.33373 of 2019 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to revise the interseniority of Assistant Executive Engineers who were promoted from the Assistant Engineers of 1997-98 batch based on the marks they obtained in their selection for Assistant Engineers by third respondent as directed by this Court in Santhose Kumar case and confirmed by the Honourable Supreme Court in their orders, dated 22.01.2016 and thereafter, to consider them for promotion as Executive Engineers in Tamil Nadu Engineering Service within a time frame as may be fixed by this Court on the facts and circumstances of the case.

Writ Petition No.34153 of 2019 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to publish a seniority list of Assistant Engineers who were working in the Department of Public Works as on date as mandated under Part-C of Schedule-XI of Tamil Nadu Government Servants Conditions of Service Act, 2016 after fixing inter-se seniority of the Assistant Engineers selected in a particular year by direct recruitment based on the marks they scored in the open competition examination conducted by the third respondent as directed by this Court in W.A.No.2705 of 2012 and batch of cases and confirmed by the Honourable Supreme Court in their orders dated 22.01.2016.

For petitioners in both W.Ps.

: Mr.N.Subramaniayan For respondents in both W.Ps.

: Mr.S.Silambannan, Additional Advocate General assisted by Mr.C.Harsharaj, Addl. Government Pleader and Mr.Babu, Govt. Advocate for RR-1 and 2 Mrs.G.Hema for R-3

COMMON ORDER (The Common Order of the Court was made by The Honourable Chief Justice) Learned counsel for the petitioners submitted that the prayers in the Writ Petitions have become infructuous, as the Government has complied with the directions given by the Supreme Court in Contempt Petition (Civil) No.638 of 2017 in Civil Appeal No.4954 of 2016 and batch cases, dated 01.10.2021, by passing respective Government Orders in G.O.(2D).Nos.98 and 100, Water Resources (A1) Department, dated 08.12.2021. Accordingly, these Writ Petitions are dismissed as rendered infructuous. No costs. Consequently, no orders are required to be passed in the W.M.Ps., which are accordingly closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar cs To

1. The Secretary, Government of Tamil Nadu, Public Works Department, Secretariat, Chennai-9.

2. The Engineer-in-Chief (WRD), & Chief Engineer (General), Public Works Department, Chepauk, Chennai-5.

3. The Secretary Tamil Nadu Public Service Commission, T.N.P.S.C Road, Chennai-3.

+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.18859 W.P.Nos.33373 ad 34153 of 2019 NRL[co] NSK 28/03/2022