B.Unnikrishnan v. The Director Of Technical Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25304 of 2023

1. B.Unnikrishnan

2. R.Kannan

3. P.Prakash

4. R.Vanmigi Vasudev

5. R.Venkatraman

6. M.Sathish Kumar ... Petitioners Vs.

1. The Director of Technical Education, Directorate of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

2. The Alagappa Chettiar Government College of Engineering and Technology, Represented by its Principal, College Road, Near Kendriya Vidhyalaya Karaikudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to promote the petitioners herein as Artisan Grade-I in second respondent College with effect from 01.09.2023 as empanelled in his 1/5

proceedings dated 12.07.2023 in Se.Mu.Order No.1058/E2/2023-2, with all service and monetary benefits and strictly follow the clarifications issued by the first respondent in his Letter No.40576/A5/2021, dated 31.12.2021 for all future promotions.

For Petitioners : Mr.VR.Shanmuganathan For Respondents : Mr.V.Omprakash Government Advocate - for R1

O R D E R

The present Writ Petition has been filed by various employees working in feeder categories for promotion to the post of Artisan Grade-I in the second respondent College seeking a mandamus to the second respondent to promote them on the basis of a panel that was prepared on 12.07.2023.

2. According to the learned counsel appearing for the writ petitioners, there are four vacancies for Artisan Grade -I in Mechanical Engineering Department and a panel was prepared by the second respondent on 12.07.2023. For the said panel, objections have been raised from the Civil Engineering Department. He further pointed out the Director of Technical Education has issued a clarification, dated 31.12.2021, that the Artisan Grade - I post should be filled up only from the feeder cadre of the particular 2/5

Department and not from any other Department. Following the said clarification, the second respondent was pleased to reject their objections by his order, dated 22.09.2023. Despite the rejecting those objections raised by the employees of the Civil Engineering Department, the grievance of the writ petitioners is that they have not been promoted.

3. According to the learned counsel appearing for the writ petitioners, for further promotion from the cadre of Artisan Grade -I, there is a State level seniority and therefore, in case, if they are not promoted at an earlier point of time, they will be lose their seniority at the State level. Hence, there is some urgency in promoting the writ petitioners to the cadre of Artisan Grade -I.

4. Considering the above said facts, the second respondent is directed to pass the consequential orders pursuant to the panel prepared by him on 12.07.2023 for promoting the writ petitioners as Artisan Grade-I, if they are otherwise qualified and vacancies are available. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

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5. Accordingly, this Writ Petition stands disposed of to the extent as stated above. There shall be no order as to costs. 18.10.2023 NCC : Yes/No (2/2) Index : Yes / No Internet : Yes / No ebsi To

1. The Director of Technical Education, Directorate of Technical Education, 53, Sardar patel Road, Guindy, Chennai - 600 025.

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R.VIJAYAKUMAR,J.

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