Sudalaimani S v. The General Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.20643 of 2023 1.S.Sudalaimani 2.A.Raja ... Petitioners Vs.

1.The General Director, State Highways Department, Guindy, Chennai-600 025.

2.The Chief Engineer, State Highways Department, Construction and Maintenance, Guindy, Chennai-25.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from preparing a single panel for the panel years 2020-21, 2021-22 and 2022-23 for the promotion to the post of Junior Engineer. For Petitioner : Mr.C.Prabhu Rajadurai 1/5

For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The present writ petition has been filed by the Road Inspector (Grade-I) seeking a Mandamus forbearing the respondents from preparing a single panel for the years 2020-21, 2021-22 and 2022-23 for the promotion to the post of Junior Engineer.

2. According to the writ petitioners, if a consolidated panel for 3 years is prepared, their seniority would be affected.

3. The learned Additional Government Pleader appearing for the respondents have filed a counter affidavit on 27.10.2023. Paragraph Nos. 4 and 5 of the said counter are extracted as follows: "4. It is submitted that, by the above qualification the 1st & 2nd petitioners become eligible for consideration for the panel of candidates fit for promotion to the post of Junior Engineer for the panel year 2020-2021 & 2021-2022 respectively.

5. It is submitted that, the respective panel for the each year 2020-2021, 2021-2022 & 2022-2023 are being 2/5

prepared and it is in process. The service details of the eligible candidates from 45 Divisions of Construction and Maintenance Wing all over the State are called for and on receipt of the same, the panel would be prepared."

4. From the counter affidavit filed by the respondents, it is clear that they have proposed to prepare separate panels for each year and they have also submitted that the petitioners 1 and 2 would be eligible for consideration for the panel of candidates fit for promotion to the post of Junior Engineer for the panel year 2020-21 and 2021-22 respectively.

5. In view of the undertaking given by the respondents in the counter affidavit, no further adjudication is called for. The said undertaking is recorded. In view of the same, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

08.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The General Director, State Highways Department, Guindy, Chennai-600 025.

2.The Chief Engineer, State Highways Department, Construction and Maintenance, Guindy, Chennai-25.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

08.11.2023 5/5