V.Palaniappan v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.660 of 2025 and W.M.P(MD) Nos.453 and 454 of 2025 V.Palaniappan ... Petitioner Vs.

1. The Chief Engineer, Highways and Minor Ports Departments, Chepauk, Chennai - 600 005.

2. The Divisional Engineer, Highways and Minor Ports Departments, Tirunelveli District.

3. The Superintendent Engineer, Department of Highways, Building and Maintenance, Tirunelveli - 2.

4. P.Vadivel ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertains to impugned order in Se.Mu.Ka.No.12/2024/A3, dated 25.06.2024 passed by the second respondent and quash the same in so far as it's related to the fourth respondent and consequently direct the second 1/4

respondent to promote the petitioner to the post of Skilled Assistant Grade-II, within the stipulated period.

For Petitioner : Mr.K.Rajeswaran For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

The instant writ petition has been filed challenging the promotion order granted in favour of the fourth respondent.

2. A perusal of the records reveal that a seniority list has been prepared and published for the post of Gang Muzthoor as on 01.01.2024. As per the said seniority list, the name of the fourth respondent is placed at Serial No.61 and whereas, the name of the writ petitioner is in Serial No.81. The petitioner as well as the fourth respondent has also received a copy of such seniority list. Without challenging the seniority list, the present writ petition has been filed challenging the promotion order in favour of the fourth respondent.

3. This Court is of the considered view that the writ petition is not maintainable, without challenging the seniority list. This Writ Petition stands 2/4

disposed of, with liberty to the petitioner to challenge the seniority list dated 01.01.2024, if he is so advised. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. 09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Chief Engineer, Highways and Minor Ports Departments, Chepauk, Chennai - 600 005.

2. The Divisional Engineer, Highways and Minor Ports Departments, Tirunelveli District.

3. The Superintendent Engineer, Department of Highways, Building and Maintenance, Tirunelveli - 2.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.660 of 2025 09.01.2025 4/4