Mookkan.P v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.9077 of 2022 P.Mookkan ... Petitioner Vs 1.The State of Tamil Nadu, Represented by its Principal Secretary, Personnel and Administrative Reforms (M Department), Secretariat, Chennai.
2.The Principal Secretary to Government of Tamil Nadu, Highways and Minor Ports (HK3) Department, Secretariat, Chennai.
3.The Director General, Guindy, Chennai.
4.The Divisional Engineer, Madurai Division, 1/6
5.The Assistant Divisional Engineer, Vadipatti Subdivision, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of reversion passed by the above fourth respondent in Se.Mu.Ka.No.26/2022/Aa2 dated 02.06.2022 that has been communicated to the petitioner by the above fifth respondent vide proceedings in Se.Mu.Ka.No.26/2022/I.Ni.Vu dated 03.06.2022 and quash the same as illegal and direct the above fourth respondent to reinstate the petitioner to the post of Road Inspector Grade - II (Skilled Assistant Grade-II) and consequently direct the above fourth respondent to pay all the authorized monetary benefits due to him as Road Inspector-Grade-II (Skilled Assistnat Grade-II). For Petitioner : Mr.B.N.Raja Mohamed For Respondents : Mr.D.S.Nedunchezhian Government Advocate
ORDER
Heard the learned counsel on either side.
2. The writ petitioner was promoted as Road Inspector Grade - II (Skilled Assistant Grade-II) vide order dated 28.09.2015 passed by the fourth respondent. The petitioner was earlier holding the post of Road Gang Mazdoor. The petitioner had passed the Pre-Foundation Course conducted by the Open 2/6
University System of the Direcorate of Distance Education affiliated to Madurai Kamaraj University. His Pass Certificate dated 08.06.2012 was taken as qualification for the promotional post. Subsequently, the fourth respondent took the view that the Pre-Foundation Course passed by the petitioner herein cannot be taken into account. In that view of the matter, the impugned order dated 02.06.2022 was passed reverting the petitioner to the post of Road Gang Mazdoor. Challenging the same, the present writ petition has been filed.
3. There is no dispute that an identical issue was raised before the Hon'ble Division bench in W.A(MD)Nos.497 to 500 of 2022. The Hon'ble Division Bench vide judgment dated 05.07.2022 held that the passing of PreFoundation Course prior to 20.11.2017 is sufficient qualification for getting promotion to the post of Road Inspector Grade - II (Skilled Assistant Grade-II) and set aside the orders reverting the appellants to the original post of Road Gang Mazdoor. The case on hand is squarely covered by the aforesaid order passed by the Hon'ble Division Bench. Accordingly, the impugned order is set aside.
4. The petitioner shall continue to be in the post of Road Inspector Grade - II (Skilled Assistant Grade-II) with Continuity of service and all subsequent monetary benefits. The reinstatement of the petitioner shall be done forthwith. Order granting continuity of service will be passed within a period of four 3/6
weeks and disbursement of the monetary benefits within a period of eight weeks from the date of receipt of a copy of this order.
5. This writ petition is allowed. Consequently, connected miscellaneous petition is closed. No costs.
21.09.2022 Index : Yes / No Internet : Yes/ No mga Note: Issue order Copy on 23.09.2022.
To 1.The Principal Secretary, State of Tamil Nadu, Personnel and Administrative Reforms (M Department), Secretariat, Chennai.
2.The Principal Secretary to Government of Tamil Nadu, Highways and Minor Ports (HK3) Department, Secretariat, Chennai.
3.The Director General, Guindy, Chennai.
4/6
4.The Divisional Engineer, Madurai Division, 5.The Assistant Divisional Engineer, Vadipatti Subdivision, 5/6
G.R.SWAMINATHAN, J.
mga 21.09.2022 6/6