1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)No.1447 to 1451 of 2011 K.Alagar ... Appellant in W.A.(MD)1447/2011 S.Vanamamalai ... Appellant in W.A.(MD)1448/2011 P.Ganesan ... Appellant in W.A.(MD)1449/2011 S.Raju ... Appellant in W.A.(MD)1450/2011 G.Kasiviswanathan ... Appellant in W.A.(MD)1451/2011 Vs. 1.The State of Tamil Nadu, rep.by its Secretary to Government, Highways and Minor Ports Department, Fort St.George, Secretariat, Chennai-600 009. 2.The Director General, Highways Department, Chepauk, Chennai-600 005. ... Respondents in all the Was W.A.(MD)No.1447/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.09.2011, made in W.P.(MD)No.11221 of 2011. W.A.(MD)No.1448/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.09.2011, made in W.P.(MD)No.11222 of 2011. W.A.(MD)No.1449/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.09.2011, made in W.P.(MD)No.11223 of 2011. W.A.(MD)No.1450/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.09.2011, made in W.P.(MD)No.11224 of 2011. W.A.(MD)No.1451/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.09.2011, made in W.P.(MD)No.11225 of 2011. https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON PRAYER IN WP.11221 TO 11225/2011: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 24.08.2011 made insofar as not to amend the Tamil Nadu Highways Engineering Service Rules in regard to promotion to the post of Assistant Divisional Engineer from the feeder category of Junior Engineer within the time limit that may be stipulated by this Court. For Appellants: Mr.G.Thalaimutharasu in all WAs For Respondents : Mr.R.Anandharaj, in all WAs Government Advocate. COMMON JUDGMENT [Judgment of the Court was delivered BY K.N.BASHA, J] The present writ appeals are preferred against the common order of the writ court, dated 29.09.2011, passed in W.P.(MD)Nos.11221 to 11225 of 2011, dismissing the writ petitions filed by the appellants seeking for the relief of a direction to the respondents to consider their individual representations, dated 24.08.2011, praying not to amend the Tamil Nadu Highways Engineering Service Rules in regard to promotion to the post of Assistant Divisional Engineer from the feeder category of Junior Engineer, within a time frame. 2.Mr.R.Anandharaj, learned Government Advocate, takes notice on behalf of the respondents. By mutual consent of the counsel on either side, these writ appeals are taken up for final disposal at the admission stage itself. 3.Mr.G.Thalaimutharasu, learned counsel appearing for the appellants, would contend that though the appellants have come forward with a limited prayer in the writ petitions seeking for the relief of a direction to the respondents to consider their representations, the writ court went deep into the merits of the matter and dismissed the writ petitions themselves. Learned counsel would further contend that it is for the respondents to consider the representations of the appellants, as per rules and regulations and in accordance with law. Therefore, it is submitted that the appellants have been constrained to prefer these writ appeals. 4.Heard the learned Government Advocate appearing for the respondents, on the submissions made by the learned counsel for the appellants. It is submitted that the learned Single Judge has passed an elaborate order considering the merits of the matter and as such, there is no illegality in the order of the writ court. 5.We have given our careful and anxious consideration to the rival submissions made by the counsel on either side and also perused the order of the writ court. https://hcservices.ecourts.gov.in/hcservices/ 3 6.At the outset, it is to be stated that the appellants have come forward with the writ petitions only with a limited prayer of seeking for the relief of a direction to the respondents to consider their representations. It is needless to state that it is for the authorities concerned to consider their representations, in the manner known to law, after affording an opportunity to the appellants. But, on the other hand, the writ court has dealt with the matter elaborately on merits and as such, we are inclined to set aside the order of the writ Court. 7.Accordingly, the writ appeals are allowed and the common order of the writ court is set aside. Consequently, without going into the merits of the matter and without expressing any view in respect of the representations made by the appellants, individually, respondents 1 and 2 are hereby directed to consider the individual representations, dated 24.08.2011, given by the appellants, by affording an opportunity to them and pass orders on merits and in accordance with law. It is made clear that the said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To: 1.The Secretary to Government, Highways and Minor Ports Department, Fort St.George, Secretariat, Chennai-600 009. 2.The Director General, Highways Department, Chepauk, Chennai-600 005. + 1 cc to The Special Government Pleader, SR No.43591 + 1 cc to Mr.G.Thalaimutharasu, Advocate, SR No.43381 Common Judgment in W.A.(MD)Nos.1447 to 1451 of 2011 Dated:12.12.2011 gb RJ/15.12.11 (IT) 3p/5c https://hcservices.ecourts.gov.in/hcservices/