The High Court dismissed a writ petition challenging a Government Order that fixed a degree in Electrical as a qualification for Assistant Divisional Engineers. The Court followed a previous order upholding the same order as legal and compliant.
The writ petition is dismissed and connected miscellaneous petitions are closed. 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.
W.P.No.10064 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2024
CORAM:
THE HON'BLE MR.JUSTICE BATTU DEVANAND
W.P.No.10064 of 2017
and W.M.P.Nos.11055 & 11056 of 2017
4.G.Sathish
5.T.Mythili
6.E.Julie Hepzibah
7.K.Uma 8.M.J.Deepa
10.A.Suganthi 11.Theodar Livingston 12.G.Gayathri
13.K.Muthukumaran 14.R.Sripriya 15.V.R.Priadarsini 16.Syed Niazuddin 17.Maria Rajasekar.S 18.S.Saravanan 19.D.Krishnan 20.N.Senthil Kumar 21.M.S.Arumugam 22.G.Bhaskar 23.P.Muthu Bharathi 24.C.Prakash
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25.Ravikumar.J 26.A.M.Raja Amritha 27.Humayun Kavur 28.N.Velmurugan 29.M.Sudhakar 30.K.Satish
...Petitioners
vs.
6.S.C.Dinesh Prakash
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W.P.No.10064 of 2017
7.M.Suresh
... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to G.O.Ms.No.96 dated 29.07.2016 published in Gazette dated 17.08.2016 of the 1st respondent and quash the same and consequently direct the respondents 2 to 5 to fix degree in Electrical as qualification for the post of Assistant Divisional Engineer (Electrical) in the 2nd respondent Corporation.
For Petitioners : No appearance For R1 : Mr.C.Sangamithirai Special Government Pleader For RR2 to 5 & 7 : Mr.G.T.Subramanian Standing Counsel (Chennai Corporation) For R6 : Ms.B.Surujana
ORDER
This Writ Petition has been filed seeking to issue a Writ of Certiorarified Mandamus calling for the records of G.O.Ms.No.96 dated 29.07.2016 published in Gazette dated 17.08.2016 of the 1st respondent and quash the same and consequently direct the respondents 2 to 5 to fix degree in Electrical as qualification for the post of Assistant Divisional Engineer (Electrical) in the 2nd respondent Corporation.
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“ 9. Therefore, the submission of the learned counsel for the writ petitioner that the impugned G.O is in violation of the Division Bench
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judgment, is baseless. In fact, the impugned G.O is in strict compliance with the letter and spirit of the judgment. The said GO has been passed by the Government, after fully satisfied with the proposal of the second respondent along with the justification for the said amendment. The writ petition could not point any illegality or attribute any malafide to the action of the respondents. His attack on the impugned GO on the ground that it is in violation of the earlier Division Bench judgment and bad for giving retrospective effect, is unsustainable.
10. The respondents herein through their counter and submission has satisfactorily demonstrated before this Court, as recorded above, that the impugned GO is not in violation of the Court order and the said amendment is to bring uniformity amoung similarly placed persons in other Departments and also in the other wings of the same Department. The impugned G.O.(Ms)No.96 of the first respondent is self explanatory. The reason for giving retrospective effect is to only protect the service condition of Diploma Holders, who were appointed earlier to the writ petitioners and it will
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no way prejudice the writ petitioner.”
this Writ Petition. Accordingly, this Writ Petition is dismissed
30.01.2024
gba Index : Yes/No Speaking order : Yes/No
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To
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W.P.No.10064 of 2017
BATTU DEVANAND, J.
GBA
W.P.No.10064 of 2017
30.01.2024
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2 issues framed by the court
Whether the writ petition seeking to quash a Government Order regarding qualifications for Assistant Divisional Engineers and direct a change in qualification need to be allowed.
Whether the Government Order under challenge violates an earlier Division Bench judgment making it illegal.
Colour shows how this judgement treated each authority
W.P.No.29759 of 2016Followed¶5
Karthikeyan and others
The Principal Secretary, Municipal Administration and Water Supply Department, Government of Tamil Nadu
The Commissioner, Greater Corporation of Chennai
The Deputy Commissioner (Works), Greater Corporation of Chennai
The Assistant Commissioner, General Administration & Personnel, Greater Corporation of Chennai
The Superintendent Engineer (Electrical), Greater Corporation of Chennai
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
