The Divisional Engineer v. T.Raghavan

W.A.(MD)No.289 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD)No.289 of 2020 and C.M.P.(MD) No.2029 of 2020 1.The Divisional Engineer (Highways), (C&M), Ramnad Division, Ramnad.

2.The Assistant Divisional Engineer (Highways), (C&M), Ramnad Sub-Division, Ramnad.

... Appellants/Respondents Vs.

T.Raghavan ... Respondent/Petitioner Prayer : Appeal filed under Clause 15 of the Letters Patent against the order passed by this Court in W.P.(MD)No.6149 of 2015, dated 11.12.2019.

Prayer in WP(MD). 6149/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugend order dated 28.11.2014 and 02.12.2014 in Na.ka.NO. 801/2014/A3 passed by the respondent and the impugned seniority list and quash the same and consequently direct the first respondent to promote the petitioner to post of Road Inspector Grade II For Appellants : Mr.K.P.Krishnadoss Special Government Pleader For Respondent : Mr.V.Panneer Selvam for Mr.J.Anandkumar

J U D G M E N T

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) Aggrieved against the order of the learned Single Judge, directing the appellants to restore the seniority of the petitioner as per 2008 seniority panel and to give promotion to the respondent on par with his juniors, the present Writ Appeal has been filed. 2.Though it appears no juniors to the respondent was promoted, in the affidavit filed by appellant No.1, the following statement has been made:- "12.I further informed that at present, Gangmazdoor to Road Inspector Grade-II, qualified personal list probably prepared in the year 2020 the respondent was Sl. No.6 and the crucial date is 01.04.2020."

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W.A.(MD)No.289 of 2020 In such view of the matter, the appellants are directed to conclude the process of giving promotion to the respondent within eight weeks from the date of receipt of a copy of this order. 3.The Writ Appeal stands disposed of with the above direction. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (records) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Divisional Engineer (Highways), (C&M), Ramnad Division, Ramnad.

2.The Assistant Divisional Engineer (Highways), (C&M), Ramnad Sub-Division, Ramnad.

+1 CC to M/s.SPL GP ( SR-14098[F] dated 29/03/2021 ) +1 CC to M/s.K.P.KRISHNADASS, Advocate ( SR-14391[F] dated 30/03/2021 ) W.A.(MD)No.289 of 2020 26.03.2021 SSS(CO) KB(17.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2