K.Mohanram, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P(MD)No.7154 of 2013 and M.P.(MD).No.3 of 2013 K.Mohanram

...Petitioner

Vs.

1.The State of Tamil Nadu Represented by it's Secretary to Government, Highways and Minor Ports (HK3) Department, Secretariat, Chennai-9.

2. The Superintending Engineer, Highways Department, Alagar Kovil Road, Near Thamarai Thotti, Madurai District.

3. The Divisional Engineer, Construction and Maintenance, Highways Department, Trichy Road, Dindigul District,

4. The District Employment Officer, Collectorate Campus, Dindigul District.

5. P.Sankar

6. Patchaimuthu

7. P.Arumugam

8. P.Murugan

9. P.Manivannan

10. R.Nagarajan

11. E.Samayapuram

12. K.Sakthivel

13. M.Arumugam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the fourth respondent to sponsor the name of the petitioner in accordance with the Rules for appointment as Road

Inspector Grade II by direct recruitment and consequently, approve the petitioner's name for appointing him to the post of Road Inspector Grade II, within a period that may be stipulated by this Court.(Prayer amended vide Court order dated 28.02.2017 in W.M.P. (MD).No.2509 of 2017).

For Petitioner : Mrs.J.Padmavathi Devi For R1 & R4 : Mr.S.Kumar Additional Government Pleader For R5 to R13 : No Appearance.

O R D E R

Though the petitioner had originally sought for a writ of Certiorarified Mandamus challenging the action of the respondent in appointing Road Inspector Grade-II by promotion overstepping the ratio fixed for direct recruitment and promotion, after the filing of the counter affidavit, the petitioner has amended the prayer in the writ petition and the present prayer runs as follows:

"praying for issuance of a Writ of Mandamus directing the fourth respondent to sponsor the name of the petitioner in accordance with the Rules for appointment as Road Inspector Grade II by direct recruitment and consequently, approve the petitioner's name for appointing him to the post of Road Inspector Grade II, within a period that may be stipulated by this Court.(Prayer amended vide Court order dated 28.02.2017 in W.M.P.(MD).No.2509 of 2017)."

3. Heard Mrs.J.Padhmavathi Devi, learned counsel appearing for the petitioner and Mr.S.Kumar, learned Additional Government Pleader appearing for the respondents 1 to 4. 4 In view of the scope of the amended prayer, the respondents 5 to 13 become a formal parties in the writ petition.

5. The learned counsel for the petitioner would submit that there are still vacancies to the post of Road Inspector and there is every possibility of the petitioner being appointed, if only the petitioner's name is sponsored by the fourth respondent viz., the District Employment Officer, Dindigul. Hence, a direction is issued to the District Employment Officer, Dindigul to sponsor the name of the petitioner for the post of Road Inspector Grade-II, if the petitioner satisfies the other requirements viz., qualification as well as

seniority. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar akv To

1. The Secretary, Government of Tamil Nadu, Highways and Minor Ports (HK3) Department, Secretariat, Chennai-9.

2. The Superintending Engineer, Highways Department, Alagar Kovil Road, Near Thamarai Thotti, Madurai District.

3. The Divisional Engineer, Construction and Maintenance, Highways Department, Trichy Road, Dindigul District,

4. The District Employment Officer, Collectorate Campus, Dindigul District.

+1CC to Spl.Government Pleader Sr.No.13474 GJM/RSK/SKN/15.3.17-3p-6C W.P(MD)No.7154 of 2013 08.03.2017