Petitioner challenged non-inclusion in promotion panel for Assistant Executive Engineer while he was under disciplinary action. Court held dismissal was valid.
The Writ Petition stands dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No. 23735 of 2004
A.Karunanidhi
..Petitioner
-Vs-
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to include the name of the petitioner in the panel for the year 1998-1999 published by the respondents in G.O.Ms.No.286, Public Works Department, dated 21.05.1999 and consequently, promote him to the post of Assistant Executive Engineer on par with his immediate junior, with all attendant benefits and arrears of pay.
For Petitioner : Mr.N.Om Praksh,
for Mr.M.Saravana Kumar
For Respondents : Mrs.K.Bhuvaneshwari, AGP
Petitioner, aggrieved by the non inclusion of his name in the promotion panel for the post of Assistant Executive Engineer, filed the present Writ Petition.
of money, was imposed on 21.10.1992 and the recovery also commenced from the month of November 1992. It is during the pendency of the punishment, the petitioner has approached this Court, when his name came to be deferred in the panel for promotion. As such, the respondents cannot be found fault with for not including the petitioner's name in the promotion panel. Hence, I find no infirmity in not considering his candidature for promotion. As such, there are no merits in the Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs.
Sd/-
Assistant Registrar (CS-I)
//True Copy//
Sub Assistant Registrar
pvs
To
1. The Secretary to Government,
Public Works Department,
Chennai 9.
2. The Chief Engineer (General),
Public Works Department,
Chepauk, Chennai – 5.
3. The Executive Engineer,
Public Works Department,
Building Construction Division,
Trichy.
+1cc to Mr.R.Prem Narayanan, Advocate, S.R.No. 16724
+1cc to the Government Pleader, S.R.No. 17029
W.P.No. 23735 of 2004
SR(CO)
GN(02/04/2019)
1 issue framed by the court
Whether non-inclusion of a petitioner's name in the promotion panel who was under suspension/punishment is legally sound.
2 provisions across 2 enactments
A. Karunanidhi
The Secretary to Government, Public Works Department, Chennai
The Chief Engineer (General), Public Works Department, Chepauk, Chennai
The Executive Engineer, Public Works Department, Building Construction Division, Trichy
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
