M.Murugan v. The Divisional Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Murugan ... Petitioner vs.

1. The Divisional Engineer, Construction and Maintenance, Highways Department, Ramanathapuram.

2. V.Ilangovan, Skilled Assistant Grade II, O/o Paramakudi Sub Division, Highways Department, Construction and Maintenance, Paramakudi, Ramanathapuram District.

3. S.Soundara Pandiyan, Skilled Assistant Grade II, O/o Sayalkudi Sub Division, Highways Department, Construction and Maintenance, Sayalkudi, Ramanathapuram District.

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4. N.Rajkumar, Skilled Assistant Grade II, O/o Paramakudi Sub Division, Highways Department, Construction and Maintenance, Paramakudi, Ramanathapuram District.

5. K.Marimuthan, Skilled Assistant Grade II, O/o Paramakudi Sub Division, Highways Department, Construction and Maintenance, Paramakudi, Ramanathapuram District.

6. A.Mohan, Skilled Assistant Grade II, O/o Mudhukulathoor Sub Division, Highways Department, Construction and Maintenance, Mudhukulathoor, Ramanathapuram District.

7. M.Selvakumar, Skilled Assistant Grade II, O/o Paramakudi Sub Division, Highways Department, Construction and Maintenance, Paramakudi, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent herein 2/7

to mark the entry of 10th standard pass a educational qualification of the petitioner in the seniority list of Gang Mazdoor (Salai Paniyalar) as on 01.01.2025 for the year 2025 issued by the first respondent herein dt. 02.01.2025 and place the petitioners name over and above his junior Thiru V.Ilangovan in the post of Skilled Assistant Grade II by considering the case of the petitioner for promotion to the post of Skilled Assistant Grade II with effect from the date of promotion of his junior Thiru V.Ilangovan.

For Petitioner : Ms.M.Padmavathy For Respondents : Mr.K.Balasubramanian Spl. Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the first respondent to update the Gang Mazdoor (Salai Paniyalar) seniority list as of 01.01.2025, issued on 02.01.2025, to reflect the petitioner's 10th standard pass qualification, place the petitioner's name above their junior, Thiru V. Ilangovan, for the post of Skilled Assistant Grade II and consider the petitioner for promotion to Skilled Assistant Grade II effective from the date of Thiru V. Ilangovan's promotion.

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2. Heard Mr.E.Mareeskumar, learned counsel for the petitioner and Mr.K.Balasubramanian, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. The grievance of the petitioner is that, although he is fully eligible for promotion to the post of ''Skilled Assistant Grade-II", the respondents 2 to 7 have promoted his juniors to the said post by order dated 30.04.2025 leaving out the petitioner's name. Aggrieved by the same, the petitioner submitted a representation dated 02.05.2025 to the respondents, requesting to consider his candidature for promotion. However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition.

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5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the first respondent to consider the representation of the petitioner dated 02.05.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.

6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the first respondent, to consider the representation of the petitioner dated 02.05.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits. No costs. 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 5/7

To The Divisional Engineer, Construction and Maintenance, Highways Department, Ramanathapuram.

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M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 11.08.2025 7/7