S. Sharbutheen, B.E., v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.14973 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 S.Sharbutheen ... Petitioner vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai.

2.The Commissioner of Municipal Administration, Chepauk, Chennai.

3.The Commissioner, Madurai Municipal Corporation, Madurai.

4.S.Kulanthaivelu 5.M.V.Murugesapandian 6.V.Thirugnanasamabandhan 7.M.Balamurugan 8.R.Baskaran 1/5

9.S.Sekar 10.M.P.Manoharan 11.M.Kamaraj 12.R.Alexander 13.R.Balaiah 14.M.Munir Ahamed ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 3rd respondent in his proceedings Ma.Ne.2/22105/2009, dated 15.09.2011, in respect of the temporary promotion of the respondents 4 to 14 under Engineering Section of the 3rd respondent corporation in the post of Assistant Executive Engineer and to quash the same as illegal and consequently, to direct the 3rd respondent to allocate and distribute work to the petitioner proportionately and further, to direct the 3rd respondent to draw a panel for promotion to the post of Assistant Executive Engineer in terms of the Tamilnadu Municipal Corporations Service Rules, 1996. For Petitioner : Mr.D.Kirubakaran For R1 and 2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.R.Murali For R7 : Mr.D.Rajendiran For R11 and 14 : Mr.S.Visvalingam 2/5

O R D E R

The petitioner has challenged the in-charge promotion granted to the respondents 4 to 14.

2.Pending writ petition, the official respondents have granted permanent promotion. As per the instructions of the official respondents, the respondents 4 to 14 were already granted promotion in the permanent vacancy.

3.Therefore, nothing survives for adjudication. If the petitioner is aggrieved by any promotion in future, the petitioner is at liberty to challenge the same. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 06.06.2023 Internet : Yes NCC : Yes / No Tmg 3/5

To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai.

2.The Commissioner of Municipal Administration, Chepauk, Chennai.

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S.SRIMATHY, J Tmg 06.06.2023 5/5