This order closed two writ petitions concerning promotion to Junior Engineer post as infructuous after one petitioner retired and the other passed away pending the proceedings. The court preserved rights but expressed no opinion on merits.
Petitions closed as infructuous; rights of parties preserved; no order as to 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 : 03.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.NOS.29556 & 29557 OF 2008
AND MP.NOS.2 & 2 OF 2008
S.Liakathali Khan ... Petitioner in W.P.29556/2008 L.Ramesh ... Petitioner in W.P.29557/2008
.Vs.
both writ petitions
Prayer in both Writ Petitions:-
Writ Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the entire records, leading to the issue of
proceedings bearing Order No.43021/No.3(4)/2008-1 dated 29.11.2008 on the file of the 2nd respondent Chief Engineer (General), Highways Department and quash the same and direct the respondents 1 and 2 to consider the name of the petitioners for the promotion to the post of Junior Engineer for the panel year 2007-2008 and promote the petitioner and place him above Thiru.J.Srihari, 6th respondent herein.
For Petitioner
In both writ petitions : Mr.K.Sridhar
For Respondents In both writ petitions : Mr.C.Selvaraj Government Advocate For R1 & R2
R3, R4, R8, R9 & R13 Disd. vide Court Order dated 24.02.2011
C O M M O N O R D E R
Mr.K.Sridhar, learned counsel of M/s.K.Sridhar Associates (Law Firm) for writ petitioners in the captioned two writ petitions is before this virtual Court.
view on the merits of the matter and the rights of the parties, if any which survive, will stand preserved. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed as having become infructuous.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
kmi
To
+1cc to the Government Pleader, S.R.No.38047
W.P.NOS.29556 & 29557 OF 2008 AND MP.NOS.2 & 2 OF 2008
SVI(CO) PBS/25/08/2021
2 issues framed by the court
Whether the writ petitions filed for promotion become infructuous due to retirement of one petitioner and death of the other.
Whether the respective petitions should be closed as having become infructuous without deciding on merits.
S.Liakathali Khan
L.Ramesh
State of Tamil Nadu
Chief Engineer (General), Highways Department
S.Rajadinakar
L.Ramesh
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
