Writ petition seeking promotion of petitioner as Executive Engineer was dismissed for non-prosecution. The Court found the petition unviable as the petitioner had already been promoted after his punishment period expired.
Petitioner not promoted; cause dismissed.
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W.P.No.20927 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2023
CORAM
THE HONOURABLE MR. JUSTICE Dr. D.NAGARJUN
W.P.No.20927 of 2013
Er.R.Devarajan B.E.
... Petitioner
Vs.
... Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Ceriorarified Mandamus, to call for the records made in the impugned letter No. C1(2)/10015/2012-6 dated 14.3.2013 issued by the 3rd respondent, quash the same and further direct the respondents to included the name of the petitioner as Item No.52 in the Panel for promotion for Executive Engineer (Civil) for the year 2012-2013 in G.O. (2D) No.95 Public Works (A1) Department dated 8.11.2012, thereby promoting the petitioner as Executive Engineer (Civil) before promoting his immediate juniors.
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W.P.No.20927 of 2013
For Petitioner : No Appreance For Respondents : M/s.C.Sangamithirai, Special Government Pleader
O R D E R
This writ petition is filed seeking for a direction to the third respondent to include the name of the petitioner in the panel for promotion of the Executive Engineers (Civil) of the year 2012-13 in G.O.(2D).No.95 Public Works (A1) Department dated 08.11.2012.
earlier occasion also there was no representation on behalf of the petitioner, thereby, this writ petition is listed under the caption “for dismissal” .
W.P.No.20927 of 2013
punishment in its counter affidavit.
that after expiry of the currency of the punishment period, the petitioner's name was included in the concerned panel for the year 2013-14 and accordingly, he has already been promoted.
and the cause does not survives any more, the petitioner has lost his interest in prosecuting the case.
prosecution. However, there shall be no order as to costs.
08.11.2023
Index : Yes Speaking Order Neutral Citation : Yes (sha)
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W.P.No.20927 of 2013
Dr.D.NAGARJUN. J.,
(sha)
To
W.P.No.20927 of 2013
08.11.2023
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2 issues framed by the court
Whether a writ petition for promotion remains maintainable when the petitioner has already been promoted after the expiry of the currency of punishment.
Whether lack of representation by counsel makes a writ petition liable to be dismissed.
2 provisions across 2 enactments
Er. R. Devarajan
Secretary To Government (P & AR)
Secretary To Government, Public Works Department
Chief Engineer (General And Building), Public Works Department
Nagarjun
N. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
