R.Natarajan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11025 of 2016 & WMP(MD)Nos.8504 & 8505 of 2016 and WP(MD)No.1457 of 2014 & MP(MD)Nos.1 and 2 of 2014 R.Natarajan ... Petitioner in both writ petitions Vs.

The Commissioner, Trichirappalli City Corporation, Trichirappalli.

... Respondent in both writ petitions.

Prayer in WP(MD)No.1457 of 2014 : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed in Na.Ka.No.5119/2013/C1 (Maiyam) dated 13.01.2014 and quash the same consequently directing the respondent to issue order an appointment of promotion as Junior/Assistant Engineer in existing five vacancies as per annexure serial number 11 pursuant to the G.O.No.520 dated 10.10.2013 of the Municipal Administration and Water Supply (M.C.5) Department.

Prayer in WP(MD)No.11025 of 2016 : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the proceedings in Na.Ka.No.4138/2016/C1 (Maiyam) dated 16.06.2016 and quash the same. For Petitioner in both petitions : V.Illanchezian For Respondent in both petitions : Mr.N.S.Karthikeyan https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel appearing on either side would submit that since the same issue has been raised in WP(MD)No.1457 of 2014, WP (MD)No.11025 of 2016 can be closed as infructuous. 2.Recording the said submission, WP(MD)No.11025 of 2016 is closed as infructuous. No costs.

Consequently, connected miscellaneous petitions are also closed.

WP(MD)No.1457 of 2014 :

The writ petitioner is working in Trichy city corporation. He seeks promotion to the post of Junior Engineer. For getting promotion as Junior Engineer, one must be a Technical Assistant. In the present case, till date the writ petitioner has not been formally appointed in the post of Technical Assistant. Even as on date, his designation is only as N.M.R(Technical Assistant). Of course, for working arrangement he is referred to as Technical Assistant. Since the writ petitioner does not fulfil the qualifications set out in the recruitment rules, the prayer sought for in the writ petition cannot be granted. The impugned order is sustained. There is no merit in this writ petition. It stands dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar +One cc to Mr.N.S.Karthikeyan, Advocate, SR.No.42672 skm RL/2C/2P/SV/MMS/SAR4/7/2/2018 W.P(MD)No.11025 of 2016 and WP(MD)No.1457 of 2014 12.01.2018 https://hcservices.ecourts.gov.in/hcservices/