Madras High CourtWP(MD)/16936/2013disposed of

A.Anbarasan, v. The Engineer In Chief

2018-03-27Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No. 16936 of 2013 and MP(MD)Nos.2 and 3 of 2013

1. A.Anbarasan

2. M.Mayakrishnan

3. M.Ramachandran

4. M.Dhowlathkhan

5. A.Sekaran

6. M.Mathan

7. P.Ravikumar

8. K.Govindaraju

9. J.Solomen Christhudoss 10.C.Subramani 11.A.Tamilselvan 12.N.Rathakrishnan 13.M.Ravi 14.G.Ramamoorthy 15.V.Dineshkannan 16.A.H.Radhakrishnan 17.V.K.Karthikeyan 18.V.Sandhanakumar 19.A.Pandian 20.P.Rajagopal 21.T.Kumar 22.M.Kameswaran 23.S.Maheswaran 24.S.Gunasekaran 25.K.Jeyasudha 26.M.S.K.Sundaramoorthy 27.M.Nagarajan 28.R.Saravanakumar 29.C.Ponraj 30.K.Muthusamy 31.B.Alagusundaram 32.A.Ariharan 33.M.Jethesh Kumar 34.S.Lalitha Pathirakali 35.S.Nancy 36.K.Poovendiran 37.S.Senthiraj 38.P.Shanmugan 39.E.Ramaprabah 40.V.Meena

41.R.Chandramohan 42.B.Marimuthu 43.M.Velmurugan 44.L.Aravindkumar 45.P.Arthy 46.M.Dhanasekarapandian 47.J.Murugan 48.S.Chelliah 49.P.Gopalakrishnan 50.S.Petchimuthu ... Petitioners Vs.

1. The Engineer - in- Chief (Buildings), Chief Engineer (Building), Chennai Region and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

2. The Government of Tamil Nadu, Represented by the Secretary, Public Works Department, Fort.St.George, Chennai - 600 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to prepare and publish the seniority list of Assistant Engineers covering the period from the year 1986 to till date, containing therein the date and proceedings in which every Assistant Engineer is appointed, the date of joining of each Assistant Engineer, the date of appointment in the lower category and the date of acquiring of B.E Degree if appointed as an Assistant Engineer by recruitment by transfer and the place of working and further directing respondents to prepare and approve the panel of Assistant Engineer fit for promotion to the post of Assistant Executive Engineers only after publication of the final seniority list of Assistant Engineers as aforesaid, after considering the representations of these writ petitioners dated 28.05.2013 within a stipulated period as prescribed by this Court. For Petitioners : Mr.P.Natarajan For Respondents : Mr.R.Sethuraman, Special Government Pleader

ORDER

The relief sought for in this writ petition is for a direction to direct the first respondent directing the respondents to prepare and publish the seniority list of Assistant Engineers covering the period from the year 1986 to till date, containing therein the date and proceedings in which every Assistant Engineer is appointed, the date of joining of each Assistant Engineer, the date of appointment

in the lower category and the date of acquiring of B.E Degree if appointed as an Assistant Engineer by recruitment by transfer and the place of working and further directing respondents to prepare and approve the panel of Assistant Engineer fit for promotion to the post of Assistant Executive Engineers only after publication of the final seniority list of Assistant of Assistant Engineers. 2.The grievances of the writ petitioners are that the seniority list of directed recruitees and the promotees is not prepared in accordance with the rules in force. The learned Counsel appearing for the writ petitioner states that the writ petitioners are directly recruited Assistant Engineers, through Tamil Nadu Public Service Commission and their seniority is to be fixed in accordance with the rules in force. In this regard, the writ petitioners had submitted representation to the first respondent son 28.05.2013 and the same is yet to be considered.

3.Thus, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioners on 28.05.2013 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioners are also permitted to submit a copy of the representation and relevant documents, if any, and a copy of the order passed in this writ petition.

4.Accordingly, the writ petition stands disposed of. However, there shall be no orders as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The Engineer - in- Chief (Buildings), Chief Engineer (Building), Chennai Region and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

2. The Government of Tamil Nadu, Represented by the Secretary, Public Works Department, Fort.St.George, Chennai - 600 009.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 59281 + 1 CC TO Mr.N.TAMIL MANI, ADVOCATE IN SR No. 58504 DSK TE/KKR/SAR-3 : 13/04/2018 : 3P/5C W.P(MD)No.16936 of 2013 27.03.2018