Madras High CourtWP(MD)/11092/2018closed

A.Ravichandran, v. The State Of Tamilnadu,

2022-02-02Honourable Dr Justice Anita Sumanth2 pages

W.P.(MD)No.11092 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2022

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.11092 of 2018 A.Ravichandran ... Petitioner /Vs./ 1.The State of Tamil Nadu rep.by its Principal Secretary to Government, Public Works Department, Fort St.George, Chennai-9.

2.The Engineer-in-Chief, Water Resources Department and the Chief Engineer (General), Public Works Department, Chennai-5.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to promote the petitioner to the posts of Executive Engineer and Superintendent Engineer by restoring the Seniority from the year 2010-2011 in the light of G.O.Ms.No.383, PW(A1) Department dated 19.08.2010 and G.O.(D).Ms.No.92, Public Works (A1) Department dated 31.03.2017 by placing the petitioner in between the petitioner's junior B.Ravichandran and M.Kesavalu immediately by revoking the suspension order dated 20.05.2014 besides allowing fixation of pay under Rule 17 of FR 27 based on the petitioner's representation dated 18.06.2016, 19.07.2016, 05.08.2016, 17.09.2016 and 24.04.2018 within a time frame as fixed by this Court. For Petitioner : Mr.B.Prahalad Ravi, Advocate For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

Mr.B.Prahalad Ravi, while tendering his apologies for nonappearance on 04.01.2022, would submit that the petitioner has attained the age of superannuation and thus, does not wish to pursue this writ petition, to which, Mr.D.Sadiq Raja, learned Additional Government Pleader, who appears for the respondent, responds stating that he has not been permitted to retire from service on account of a pending criminal case. The petitioner is stated to have been retained in service in terms of G.O.Ms.No.52, Finance (PC.I) Department dated 26.02.2019 issued by the Public Works Department. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11092 of 2018 2.Recording the aforesaid rival contentions, this Writ Petition is closed as infructuous. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government, State of Tamil Nadu, Public Works Department, Fort St.George, Chennai-9.

2.The Engineer-in-Chief, Water Resources Department and the Chief Engineer (General), Public Works Department, Chennai-5.

+1 CC to M/s.SPL.GP ( SR-3950[F] dated 03/02/2022 ) Order made in W.P.(MD)No.11092 of 2018 Dated:02.02.2022 RS(17.02.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2