S.Jeganathan Vs Government of Tamil Nadu

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st respondent to amend the service rule of TamilNadu Engineer Service/TamilNadu Engineer Subordinate service by designating Technical Assistant as feeder post to the post of Assistant Engineers and include the petitioner in the panel of Assistant Engineers in ratio 3 for promotion as Assistant Executive Engineers with retrospective effect from 02.01.1990.

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For Petitioner : Mr.G.Veera Pathiran

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For Respondent : Mr.P.Ganesan

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Additional Government Pleader for R1 & R2 Mr.NaveenKumar Murthi for R3 to R7 Mr.N.Subramanian for R8 to R16

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O R D E R

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This writ petition has been filed seeking to direct the 1^st respondent

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to amend the Service Rule of TamilNadu Engineer Service/TamilNadu Engineer Subordinate service by designating Technical Assistant as feeder post to the post of Assistant Engineers and include the petitioner in the panel

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of Assistant Engineers in ratio 3 for promotion as Assistant Executive Engineers with retrospective effect from 02.01.1990.

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2.As seen from the affidavit filed in support of the writ petition, it is noticed that the basis for the relief sought in the present writ petition i G.O.Ms.No.1 Public Works B2 Department dated 02.01.1990. As it is a settled law that no mandamus can be issued directing the State to amend the rules or frame policy. However, it is the contention of the learned counsel for the petitioner that the Government has taken a policy decision under G.O.Ms.No.1 Public Works B2 Department dated 02.01.1990 has not taken the consequential steps to amend the special Rules.

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3.As the Government has already taken a policy decision and the challenge made to the said policy decision in W.P.No.36614 of 2016 has been negatived today by a separate order, the petitioner is granted liberty to submit a representation before the 1^st respondent within a period of three weeks from the date of receipt of a copy of this order. In case if

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any such representation is submitted, the 1^st respondent shall take appropriate action on such representation in accordance with law within a period of eight weeks from the date of submission of such representation.

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