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Madras High CourtWP(MD)/4389/2016dismissed as infructuous

R. Balakrishnan v. The Engineer-In-Chief Water

2022-02-22Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).Nos.4389 and 4390 of 2016 and W.M.P.(MD).Nos.3919 and 3921 of 2016 W.P.(MD).No.4389 of 2016 R.Balakrishnan ... Petitioner Vs.

1.The Engineer-in-Chief, Water Resource Department Chepauk, Chennai - 05.

Fort St.George, Personnel and Administrative Reforms (E) Department, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in relating to the impugned order passed by the second respondent vide G.O.(D).No.33 Public Works (A1) Department dated 10.02.2016 and G.O.(D).No.54 Public Works Department (A1 Department) dated 25.02.2016 and quash the same in so far as serial No.5,9 and 13 concern in 1st G.O cited and consequently direct the respondents to promote the petitioner to the post of Assistant Executive Engineer (Electrical) in Public Works Department for the year 2015-2016 as per the amendment issued in G.O.Ms.No.3037 dated 22.12.1986.

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W.P.(MD).No.4390 of 2016 A.Murugan ... Petitioner Vs.

1.The Engineer-in-Chief, Water Resource Department Chepauk, Chennai - 05.

Fort St.George, Personnel and Administrative Reforms (E) Department, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in relating to the impugned order passed by the second respondent vide G.O.(D).No.33 Public Works (A1) Department dated 10.02.2016 and G.O.(D).No.54 Public Works Department (A1 Department) dated 25.02.2016 and quash the same in so far as serial No.5,9 and 13 concern in 1st G.O cited and consequently direct the respondents to promote the petitioner to the post of Assistant Executive Engineer (Electrical) in Public Works Department for the year 2015-2016 as per the amendment issued in G.O.Ms.No.3037 dated 22.12.1986.

For Petitioner : Mr.J.Alaguram Jothi For R-1 to R-3 : Mr.D.Farjana Ghoushia, Special Government Pleader.

For R-4 : Mr.J.Anand Kumar.

(In Both Writ Petitions) COMMON ORDER The petitioners in both the Writ Petitions claim seniority. Learned counsel for the petitioner submitted that the petitioners were promoted. Hence the Writ Petitions become infructuous. 2/3

2. Accordingly, the Writ Petitions are dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr 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 Engineer-in-Chief, Water Resource Department Chepauk, Chennai - 05.

Fort St.George, Chennai - 9.

Personnel and Administrative Reforms (E) Department, +2 CC to M/s.J.ANANDKUMAR, Advocate ( SR-8508[F] dated 24/02/2022 ) +1 CC to M/s.SPL GP ( SR-8055 & 8065[F] dated 23/02/2022 ) W.P.(MD).Nos.4389 and 4390 of 2016 22.02.2022 nsn(CO) GC(09.03.2022) 3P 8C 3/3