D.Sivasubramanian, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.5503 of 2018 1.D.Sivasubramanian 2.S.Nagarajan 3.S.Sankara Narayanan 4.S.Sorimuthu Pattaraja 5.Philip Antony

...Petitioners

Vs.

1.The State of Tamil Nadu, Represented by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Commissioner of Municipal Administration, Chepauk, Chennai.

3.The Commissioner, Tirunelveli Corporation, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioners to the post of Assistant Engineer in the third respondent Corporation in the light of the G.O.(P).NO.393, Municipal Administration and Water Supply Department dated 23.09.2017 in consideration of the petitioner's representation dated 19.02.2018.

For Petitioner: Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.K.Saravanan Government Advocate For R3 : Mr.Aayiram K.Selvakumar

ORDER

Heard Mr.K.Saravanan, learned Government Advocate, who takes notice for R1 and R2 and Mr.Aiyaram K.Selvakumar, learned counsel, takes notice for R3.

2.By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission. 3.The petitioners are employed as Grade II Skilled Assistants in the third respondent/Corporation. They seek promotion as Assistant Engineers. The petitioners would submit that as of now https://hcservices.ecourts.gov.in/hcservices/

the posts of Grade I Skilled Assistants are manned by ITI holders and that there is no chance for them of getting promoted as Assistant Engineers.

4.The learned counsel appearing for the petitioners would further submit that in the case of Coimbatore Corporation, the Grade II skilled Assistants who were similarly placed were given relaxation of rules and also promoted as Assistant Engineers. They want extension of such benefit to them. In this regard, the petitioners had given representations dated 19.12.2018. 5.The first respondent is directed to consider the same and pass orders on merits within a period of twelve weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of accordingly. No costs. Sd/ Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Commissioner of Municipal Administration, Chepauk, Chennai.

3.The Commissioner, Tirunelveli Corporation, Tirunelveli. +1cc to M/s.Special Government Pleader,SR.No.55980 +1cc to Mr.G.Prabhu Rajadurai, Advocate, SR.No. 55764 +1cc to Mr.Aayiram K.Selvakumar, Advocate, SR.No. 55819 W.P.(MD).No.5503 of 2018 15.03.2018 tsg KK/RSK/19.03.2018/SAR-4/2P-7C https://hcservices.ecourts.gov.in/hcservices/