M.Sundararajan v. The Chief Engineer (General)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and M.P.(MD)No.1 of 2012 M.Sundararajan .. Appellant Vs.

1.The Chief Engineer (General) Highways Department, Chepauk, Chennai-5.

2.The District Collector Sivagangai District.

...Respondents

PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.14885 of 2011, dated 23.12.2011 and allow this Writ Appeal.

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For Appellant : Mr.H.Thayumanasamy For Respondents : Mr.D.Sasikumar, Additional Government Pleader

JUDGMENT

J. NISHA BANU, J.

AND N. ANAND VENKATESH, J.

This Writ Appeal has been filed against the order passed by the learned Single Judge made in W.P.(MD) No.14885 of 2011, dated 23.12.2011.

2.The appellant / petitioner has approached this Court seeking for a direction to the first respondent to fix the pay of the petitioner on par with his juniors and to promote the petitioner/appellant as Junior Engineer by considering the seniority on par with his juniors.

3. Heard, Mr.H.Thayumanasamy, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader appearing for the respondents.

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4. The learned Single Judge dismissed the writ petition mainly on the ground that the petitioner / appellant had reached the age of superannuation as early as on 30.06.2009 and thereafter, he came up with a plea seeking for promotion and for fixation of pay. Hence, the writ petition was dismissed, mainly on the ground of latches.

5. We do not find any grounds to interfere with the order of the learned Single Judge made in W.P.(MD) No.14885 of 2011, dated 23.12.2011, and absolutely there is no merit in this writ appeal.

6. Accordingly, this writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B, J.] & [N.A.V., J.] 28.09.2022 Index:Yes/No Internet:Yes/No rm 3/5

To 1.The Chief Engineer (General) Highways Department, Chepauk, Chennai-5.

2.The District Collector Sivagangai District.

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J. NISHA BANU, J.

AND N. ANAND VENKATESH, J.

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