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Madras High CourtWP(MD)/9309/2025disposed of

Natarajan T v. Government Of Tamil Nadu

2025-04-03Honourable Mr. Justice Battu Devanand8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)Nos.6962 and 6964 of 2025 1.T.Natarajan 2.V.Rajeswari 3.G.Kavikalidhas 4.M.Sikkandar Bathusha 5.V.Kumari Jayalakshmi 6.P.Raja 7.M.Senthilkumar ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented Through its the Engineer - in - Chief and Chief Engineer (General) PWD, Cheppauk, Chennai-600 005 2.V.Navaneethakrishnan, Junior Draughting Officer, Electrical Division, Public Works Department, Madurai.

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3.P.Venkatachalam, Junior Draughting Officer, Electrical Division Public Works Department, Coimbatore.

4.C.Kavitha, Junior Draughting Officer, Technical Education Division, Public Works Department, Vellore.

5.S.Jeyalakshmi, Junior Draughting Officer, Electrical Division Public Works Department, Chepauk, Chennai - 600 005 6.P.Chinnadurai, Junior Draughting Officer, Electrical Division, Public Works Department, Madurai.

7.M.Palani, Junior Draughting Officer, Electrical Division, Public Works Department, Vellore.

... 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 of the first respondent's Letter No.S3(1)/007838/2025-2 dated 25.02.2025 and quash the same and remove the respondents No.2 to 7 from the said Letter of Proposal of 2/8

Panel Preparation from Junior Draughting Officer to Draughting Officer (JDO to DO), consequentially directing the first respondent to issue Correct Panel for the petitioner's promotions of Junior Draughting Officers to Draughting Officers (JDO to DO) (Electrical) based on their seniority by considering their representations dated 18.07.2024 and 04.03.2025, within the period stipulated by this Court.

For Petitioners : Mr.A.Haja Mohideen For R1 : Mr.P.Subbaraj Special Government Pleader

O R D E R

This writ petition has been filed against the letter of the first respondent, dated 25.02.2025 and consequently, directing the first respondent to issue Correct Panel for the petitioners' promotions of Junior Draughting Officers to Draughting Officers (JDO to DO) (Electrical) based on their seniority.

2. All the petitioners are working as Junior Draughting Officers in the first respondent Department. The first respondent has sent Letter No.S3(1)/007838/2025-2 dated 25.02.2025 seeking service details for preparing panel for promotion from the post of Junior Draughting Officers (Electrical) to Draughting Officers (Electrical). In the said communication, 11 officers names 3/8

have been mentioned, in which, the respondents 2 to 7 were placed at Serial.No.3 to 8.

3. The learned counsel for the petitioners submits that the request of the petitioners for issuance of correct panel of promotion in the post of Junior Draughting Officers for the year 2019-2020 and 2022-2023 is pending with the first respondent. As such, the action of the first respondent for preparation of panel for the post of Draughting Officers for the year 2024-2025 is illegal and unfair. Under these circumstances, the petitioners submitted a representation, dated 04.03.2025 to the first respondent requesting him to issue correct panel of promotion for the year 2019-2020 and 2022-2023. But without considering the representation of the petitioners, the first respondent has proceeded further based on the list notified vide letter, dated 25.02.2025. Aggrieved by the action of the first respondent, this writ petition is filed.

The learned counsel for the petitioners contends that the first respondent's letter, which is under challenge in the writ petition is non-est in the eye of law as it is illegal, arbitrary and against the principles of natural justice and he sought to quash the same.

4. Having considered the facts and circumstances of the case and submissions of the respective learned counsels and on perusal of the impugned letter, dated 25.02.2025, it appears that though it is mentioned in the said letter that those who have not made representation within the specified date, such representation will not be considered for the year 2024-20245 for the selection list, no time limit is specified in the said letter. However, the petitioner submitted a representation on 04.03.2025 to the first respondent raising his objections and requested to issue correct panel for the promotion to the post of Draughting Officer. It is the contention of the petitioners that without considering their objections raised in their representation, dated 04.03.2025, the first respondent proceeded with further action to effect promotions to the post of Draughting Officer (Electrical) from the post of Junior Draughting Officer (Electrical) for the year 2024-2025.

5. Considering these facts and circumstances of the case, this Court is of the opinion that without considering the representation, dated 04.03.2025 submitted by the petitioners raising their objections for preparing the panel for promotion for the year 2019-2020 and 2022-2023, it is not appropriate and reasonable to the first respondent to proceed further to prepare the panel for the year 2024-2025.

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6. In view of the same, in the considered opinion of this Court, this writ petition can be disposed of at the admission stage with the consent of both parties with a direction to the first respondent to consider the representation, dated 04.03.2025 of the petitioners in accordance with law within a time to be stipulated herein under to meet the ends of justice.

7. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioners, dated 04.03.2025 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The first respondent shall provide opportunity to the petitioners and the respondents 2 to 7 to put forth their version before passing any order by considering the representation of the petitioners.

No costs.

Consequently, the connected miscellaneous petitions are closed. 03.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 6/8

To:

1.The Engineer - in - Chief and Chief Engineer (General) PWD, Cheppauk, Chennai-600 005 2.V.Navaneethakrishnan, Junior Draughting Officer, Electrical Division, Public Works Department, Madurai.

3.P.Venkatachalam, Junior Draughting Officer, Electrical Division Public Works Department, Coimbatore.

4.C.Kavitha, Junior Draughting Officer, Technical Education Division, Public Works Department, Vellore.

5.S.Jeyalakshmi, Junior Draughting Officer, Electrical Division Public Works Department, Chepauk,Chennai - 600 005 6.P.Chinnadurai, Junior Draughting Officer, Electrical Division, Public Works Department, Madurai.

7.M.Palani, Junior Draughting Officer, Electrical Division, Public Works Department, Vellore 7/8

BATTU DEVANAND , J.

Sn 03.04.2025 8/8