Petitioner sought promotion as Junior Engineer (Civil) with retrospective effect pursuant to an earlier writ order that had not been implemented. The Court held the writ petition not maintainable, noting contempt was the proper remedy, but directed respondents to comply within four weeks.
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.10809 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.10809 of 2024
K.Kuppusamy
... Petitioner
Vs.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the 3rd respondent herein to promote the petitioner to the post of Junior Engineer (Civil) with effect from 01.02.2013 with consequential, monetary and other benefits in the light of the order of this Court made in W.P.No.4020 of 2013 dated 28.02.2013.
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W.P.No.10809 of 2024
For Petitioner : Mr.M.R.Thangavel For Respondents : Mr.Syed Musthafa Special Government Pleader (Pondy)
ORDER
This writ petition has been filed for a direction to the 3rd respondent
herein to promote the petitioner to the post of Junior Engineer (Civil) with effect from 1.2.2003 as per the order of this Court in W.P.No.4020 of 2013 dated 28.08.2013.
can be seen that the grievance of the petitioner is that he was denied promotion by the 3rd respondent on administrative grounds without any fault whatsoever. The entire grievance of the petitioner was agitated in detail in
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W.P.No.10809 of 2024
W.P.No,4020 of 2013 and the same was allowed in favour of the petitioner
on the following terms:-
“22.For the reasons stated above, the petitioner who has been denied promotion by the 3rd respondent without any substantive ground but for the sole reason of without drawing the year wise panel and without convening DPC, is entitled to the relief sought for. Accordingly, the 3rd respondent is directed to give retrospective promotion to the petitioner with effect from 01.02.2013 and grant him consequential monetary and other benefits, if he is otherwise entitled to.”
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W.P.No.10809 of 2024
action and the period of limitation would not be applicable, in the directions
of the instant nature where the respondents are remaining without compliance.
22.04.2024
Index : Yes/No Speaking/Non-speaking Order Neutral Citation :Yes/No jas
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W.P.No.10809 of 2024
To
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W.P.No.10809 of 2024
D.BHARATHA CHAKRAVARTHY, J.
jas
W.P.No.10809 of 2024
22.04.2024
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1 issue framed by the court
Whether the writ petition is maintainable to enforce non-implementation of an earlier order in W.P.No.4020 of 2013 granting retrospective promotion.
1 provisions across 1 enactments
K.Kuppusamy
The Government of Puducherry, Through its Secretary to Government (Education) cum Chairman, Staff Selection Committee
The Member-Secretary cum Director, Directorate of Higher and Technical Education, Government of Puducherry
The Vice Chancellor, Puducherry Technological University
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
