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Madras High CourtWP(MD)/8078/2016dismissed

S.Elangovan, S/O.V.Saminathan v. The Managing Director,

2023-11-09Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN S.Elangovan ... Petitioner Vs.

1.The Managing Director, Tamilnadu Civil Supplies Corporation, Head Office, 12, Thambusamy Salai, Keelpakkam, Chennai - 10.

2.The General Manager, Tamilnadu Civil Supplies Corporation, Head Office, 12, Thambusamy Salai, Keelpakkam, Chennai - 10.

3.The Senior Regional Manager, Tamilnadu Civil Supplies Corporation, Head Office, 12, Thambusamy Salai, Keelpakkam, Chennai - 10.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the first respondent's proceedings in e.f.vz;.v, 4/64299/2015 dated 22.02.2016 and quash the same and consequently Page No. 1 of 4

direct the respondents to give notional promotion to the petitioner as Superintendent from 01.10.2013 and calculate the retirement benefits. For Petitioner : Mr.V.Perumal For Respondents : Mr.G.Mohankumar Standing Counsel

O R D E R

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the first respondent's proceedings in e.f.vz;.v,4/64299/2015 dated 22.02.2016 and quash the same and consequently direct the respondents to give notional promotion to the petitioner as Superintendent from 01.10.2013 and calculate the retirement benefits to be given to the petitioner.

2. The petitioner joined the service of Tamil Nadu Civil Supplies Corporation as a packer on 22.05.1990. He retired from service on 31.10.2013. There is no dispute that the petitioner was at Sl.No.136 in the panel for the promotion to the post of Superintendent. A reading of the counter affidavit filed by the third respondent implies that the petitioner will not be promoted till persons at Sl.Nos. 1 to 135 are promoted. The petitioner's junior was promoted on 24.01.2014. At that time, the Page No. 2 of 4

petitioner had retired from service i.e. on 31.10.2023. On the date of retirement, the petitioner has not senior enough to be considered for promotion.

3. Therefore, the relief sought for by the petitioner in this Writ Petition cannot be granted. This Writ Petition fails. Accordingly, this Writ Petition is dismissed. No costs.

09.11.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No JEN To 1.The Managing Director, Tamilnadu Civil Supplies Corporation, Head Office, 12, Thambusamy Salai, Keelpakkam, Chennai - 10.

2.The General Manager, Tamilnadu Civil Supplies Corporation, Head Office, 12, Thambusamy Salai, Keelpakkam, Chennai - 10.

3.The Senior Regional Manager, Tamilnadu Civil Supplies Corporation, Head Office, 12, Thambusamy Salai, Keelpakkam, Chennai - 10.

Page No. 3 of 4

V.LAKSHMINARAYANAN, J.

JEN 09.11.2023 Page No. 4 of 4