Madras High CourtWP(MD)/3205/2016disposed of

D. Sivasubramanian v. The State Of Tamil Nadu

2016-02-15Honourable Mrs Justice Pushpa Sathyanarayana3 pages

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

DATED:15.02.2016 15.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.3205 of 2016 W.P(MD)No.3205 of 2016 and and WMP(MD)No.2798 & 2799 of 2016 WMP(MD)No.2798 & 2799 of 2016 1.D.Sivasubramanian 1.D.Sivasubramanian 2.S.Nagarajan 2.S.Nagarajan 3.S.Sankara Narayanan 3.S.Sankara Narayanan 4.S.Sorimuthu Pattaraja 4.S.Sorimuthu Pattaraja 5.Philip Antony 5.Philip Antony ... Petitioners ... Petitioners Vs.

Vs.

1. The State of Tamil Nadu,

1. The State of Tamil Nadu, Rep. By its Secretary to Government, Rep. By its Secretary to Government, Municipal Administration and Water Supply Department, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600 009. Secretariat, Fort St. George, Chennai 600 009.

2. The Commissioner of Municipal Administration,

2. The Commissioner of Municipal Administration, Chepauk, Chennai.

Chepauk, Chennai.

3. The Commissioner,

3. The Commissioner, Tirunelveli Corporation, Tirunelveli.

Tirunelveli Corporation, Tirunelveli.

... Respondents ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the impugned notification in records relating to the proceedings of the impugned notification in notification No.4 of 2016 on the file of the third respondent and notification No.4 of 2016 on the file of the third respondent and quash the same and further directing the respondents to promote the quash the same and further directing the respondents to promote the petitioners to the Post of Assistant Engineer in the respondent petitioners to the Post of Assistant Engineer in the respondent Corporation.

Corporation.

For Petitioner : Mr.G.Prabhu Rajadurai For Petitioner : Mr.G.Prabhu Rajadurai For R-1 & R-2 : Mr.K.P.Krishnadoss, For R-1 & R-2 : Mr.K.P.Krishnadoss, Government Advocate Government Advocate For R-3 : Mr.Aayiram K.Selvakumar For R-3 : Mr.Aayiram K.Selvakumar Government Advocate Government Advocate

ORDER

Mr.K.P.Krishnadoss, learned Government Advocate takes notice Mr.K.P.Krishnadoss, learned Government Advocate takes notice for R-1 & R-2 and Mr.Aayiram K.Selvakumar, learned Government for R-1 & R-2 and Mr.Aayiram K.Selvakumar, learned Government Advocate takes notice for R-3.

Advocate takes notice for R-3.

2. By consent of parties, the main Writ Petition is taken up

2. By consent of parties, the main Writ Petition is taken up for final disposal.

for final disposal.

3. The petitioners in the above Writ Petition are challenging

3. The petitioners in the above Writ Petition are challenging the impugned notification in Notification No.4 of 2016 of the third the impugned notification in Notification No.4 of 2016 of the third respondent corporation to fill up the vacancies of Assistant respondent corporation to fill up the vacancies of Assistant Engineers and to further direct the respondents to promote the Engineers and to further direct the respondents to promote the petitioners to the Post of Assistant Engineers in the third petitioners to the Post of Assistant Engineers in the third respondent Corporation.

respondent Corporation.

4. The case of the petitioners is that originally the

4. The case of the petitioners is that originally the petitioners joined in the third respondent Corporation as N.M.R petitioners joined in the third respondent Corporation as N.M.R Technical Assistants and they were regularized subsequently and Technical Assistants and they were regularized subsequently and designated as Skilled Assistant Grade II. They have claimed to designated as Skilled Assistant Grade II. They have claimed to have completed their graduation in Engineering. have completed their graduation in Engineering.

5. The feeder category to the Post of Assistant Engineer is

5. The feeder category to the Post of Assistant Engineer is Technical Assistant. Since there is no person working presently as Technical Assistant. Since there is no person working presently as Skilled Assistant Grade I with the requisite qualification to be Skilled Assistant Grade I with the requisite qualification to be promoted as Technical Assistant, the post of Assistant Engineers are promoted as Technical Assistant, the post of Assistant Engineers are sought to be filled up through direct recruitment. Hence, the sought to be filled up through direct recruitment. Hence, the petitioners made representation to the respondents seeking for petitioners made representation to the respondents seeking for consideration of their appointment to the post of Assistant consideration of their appointment to the post of Assistant Engineer.

The said representation was rejected by the respondents. Engineer. The said representation was rejected by the respondents. Hence, the petitioners have filed W.P(MD)No.14559 of 2014 Hence, the petitioners have filed W.P(MD)No.14559 of 2014 challenging the order of the third respondent rejecting their challenging the order of the third respondent rejecting their representation to consider the petitioners to the Post of Assistant representation to consider the petitioners to the Post of Assistant Engineers and the same is pending. While so, the respondents have Engineers and the same is pending. While so, the respondents have issued the impugned notification in Notification No.4 of 2016 issued the impugned notification in Notification No.

4 of 2016 calling for application for the Post of Assistant Engineers for calling for application for the Post of Assistant Engineers for filling up the backlog vacancies and the written examination was filling up the backlog vacancies and the written examination was scheduled to be conducted on 13.02.2016.

scheduled to be conducted on 13.02.2016.

6. However, the learned Government Advocate represented that

6. However, the learned Government Advocate represented that the said examination was not conducted on 13.02.2016 and the same the said examination was not conducted on 13.02.2016 and the same was postponed without fixing further date.

was postponed without fixing further date.

7. Under such circumstances, the respondents are directed to

7. Under such circumstances, the respondents are directed to consider the petitioners for the Post of Assistant Engineers in the consider the petitioners for the Post of Assistant Engineers in the third respondent Corporation if they are otherwise eligible for the third respondent Corporation if they are otherwise eligible for the same. In any event, any notification calling for written same. In any event, any notification calling for written examination for the Post of Assistant Engineers, cannot be done by examination for the Post of Assistant Engineers, cannot be done by the respondents without intimation to the petitioners. the respondents without intimation to the petitioners. With the above direction, the Writ Petition is disposed of. With the above direction, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are No Costs. Consequently, connected miscellaneous petitions are closed.

closed.

Sd/ Sd/ Assistant Registrar(C.O.)(I/C) Assistant Registrar(C.O.)(I/C) /True Copy/ /True Copy/ Sub Sub Assistant Registrar Assistant Registrar pm pm

To To

1. The Secretary to Government,

1. The Secretary to Government, State of Tamil Nadu, State of Tamil Nadu, Municipal Administration and Water Supply Department, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600 009. Secretariat, Fort St. George, Chennai 600 009.