Madras High CourtWP(MD)/15628/2021disposed of

Raja V v. The Commissioner

2022-03-15Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.15628 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.15628 of 2021 and W.M.P(MD).Nos.12584 and 12585 of 2021 V.Raja ... Petitioner Vs.

The Commissioner, Trichurappalli City Municipal Corporation, Trichy.

... Respondent Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Ceritorarified Mandamus, calling the impugned records on the file of the respondent in the proceedings in Na.Ka.No.2852/2021/C1(Main) dated 06.08.2021 and to quash the same as illegal and consequently directing the respondent to promote the petitioner as Junior Engineer with effect from 25.02.2021.

For Petitioner : Mrs.S.Praba For Respondents : Mr.R.Baskaran Standing Counsel

O R D E R

The learned counsel appearing for the petitioner made a submission that the petitioner was already informed by the respondent that his name will be included in the panel for promotion.

2.If so, the petitioner is at liberty to pursue the remedy with the respondent. Promotion per se cannot be claimed as a matter of right. However, consideration for promotion is the fundamental right of an employee. Therefore, whenever a panel is prepared for promotion to the Higher Post, the names of eligible persons are to be considered in accordance with the Seniority and by verifying the eligibility criteria. Thus, whenever an administrative decision is taken by the Competent Authority to prepare the panel for promotion, the names of all the eligible persons are to be considered including the petitioner, if he is otherwise eligible.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.15628 of 2021 3.With this clarification, the writ petition stands disposed of. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Commissioner, Trichurappalli City Municipal Corporation, Trichy.

+1 CC to M/s.S.PRABHA, Advocate ( SR-12343[F] dated 15/03/2022 ) W.P.(MD) No.15628 of 2021 15.03.2022 RS(24.03.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2