Disposed

Krishnamoorthy.P v. The Government of Tamilnadu

Madras HC24 Apr 2024WP(MD)/7069/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed under Article 226 challenging the promotion panel process. The court directed the relevant respondent authorities to release the promotion panel within six weeks without awarding costs.

What did the court decide?

Directed the first respondent to release the promotion panel within six weeks from the date of receipt of the order.

Krishnamoorthy.P Vs The Government of Tamilnadu — Service and Employment | Madras HC (2024)

¶1

W.P.(MD)No.7069 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 24.04.2024

¶4

CORAM:

¶5

THE HONOURABLE MS.JUSTICE R.N.MANJULA

¶6

W.P.(MD)No.7069 of 2024 & W.M.P.(MD)No.6540 of 2024

¶7

Dr.P.Krishnamoorthy ... Petitioner

¶8

vs.

¶9

1.The Government of Tamil Nadu, Rep. by its Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.

¶10

2.The Director of Technical Education, The Director of Technical Education, Government of Tamil Nadu, No.53, Sardar Patel Road, Anna University, Guindy, Chennai - 600 025.

¶11

3.Dr.G.Sivaganesh

¶12

4.Dr.A.Leelavathi

¶13

5.Dr.S.Sumathi ... Respondents

¶14

(Respondents amended vide order dated 24.04.2024 in W.M.P.(MD)No.

¶15

8875 of 2024 in W.P.(MD)No.7069 of 2024)

¶16

1/6

¶17

https://www.mhc.tn.gov.in/judis

¶18

W.P.(MD)No.7069 of 2024

¶19

Prayer: Writ Petition filed under Article 226 of the Constitution of India

¶20

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to draw the year wise promotion panel, strictly in accordance with Section 7 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 read with Schedule XI appended to the Act and consequently promote the petitioner to the post of Associate Professor, Department of Electrical and Electronics Engineering in the Government Engineering Colleges without affecting his Seniority.

¶21

For Petitioner : Mr.M.Rajarajan For Respondents : Mr.T.Amjadkhan, Government Advocate for R1 and R2

¶22

Mr.T.Aswin Raja Simman for R3 to R5

¶23

O R D E R

¶24

Heard Mr.M.Rajarajan, learned counsel for the petitioner,

¶25

Mr.T.Amjadkhan, learned Government Advocate for the respondents 1 and 2 and Mr.T.Aswin Raja Simman, learned counsel for the respondents 3 to 5.

¶26

2. The petitioner has filed this petition seeking a Writ of

¶27

2/6

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.(MD)No.7069 of 2024

¶30

Mandamus directing the second respondent to draw a year wise promotion panel, strictly in accordance with Section 7 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 read with Schedule XI appended to the Act and consequently promote the petitioner to the post of Associate Professor, Department of Electrical and Electronics Engineering in the Government Engineering Colleges without affecting his Seniority.

¶31

3. Mr.M.Rajarajan, learned counsel appearing for the petitioner submitted that subsequent to the filing of this writ petition, the second respondent has sent a communication to the Government to prepare promotion panel to the post of Associate Professor for the years 2018-19, 2019-20, 2020-21 and 2021-22 based upon the eligibility of Associate Professors.

¶32

4. The request of the petitioner is to draw year wise promotion panel in accordance with Section 7 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 read with Schedule XI

¶33

3/6

¶34

https://www.mhc.tn.gov.in/judis

¶35

W.P.(MD)No.7069 of 2024

¶36

appended to the Act. Since the second respondent has himself taken an initiative, the petitioner's grievance is sorted out to a limited extent. Now. the petitioner has to wait until the promotion panel as requested by the second respondent is released by the Government.

¶37

5. Mr.T.Aswin Raja Simman, learned counsel appearing for the

¶38

newly impleaded private respondents submitted that the respondents 3 to 5 they will have grievance if the promotion panel is released on year to year basis.

¶39

6. The respondents 3 to 5, at this juncture, cannot have any grievance. Once the promotion panel is released on year to year basis and if they are really aggrieved over the same, they can raise their objection before the appropriate Authority.

¶40

7. With the above observations, this writ petition is disposed of

¶41

and the first respondent is directed to release the promotion panel as requested by the second respondent within a period of six weeks from the

¶42

4/6

¶43

https://www.mhc.tn.gov.in/judis

¶44

W.P.(MD)No.7069 of 2024

¶45

date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

¶46

24.04.2024 (2/2)

¶47

NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To

¶48

1.The Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.

¶49

2.The Director of Technical Education, The Director of Technical Education, Government of Tamil Nadu, No.53, Sardar Patel Road, Anna University, Guindy, Chennai - 600 025.

¶50

https://www.mhc.tn.gov.in/judis

¶51

5/6

¶52

W.P.(MD)No.7069 of 2024

¶53

R.N.MANJULA, J.

¶54

mbi

¶55

W.P.(MD)No.7069 of 2024

¶56

24.04.2024 (2/2)

¶57

6/6

¶58

https://www.mhc.tn.gov.in/judis

Krishnamoorthy.P v. The Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

Krishnamoorthy.P v. The Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kannan .K Vs Additional Chief Secretary to Government

Rajapandi S Vs State rep. by The Principal Secretary to Government

Aludhanoor Vs The Managing Director

R.Malaichamy Vs The Madurai Kamarajar University

M.Ravichandran Vs The Principal Secretary to Government

A.Brilliancy Vs The Principal Secretary to Government