IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 3.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.25967 of 2006 [T] [O.A.NO.2578 OF 1995] 1. D. NARAYANASAMY 2. I. RAJASEKAR 3. D. ARUMUGAM 4. S. GNANAMUTHU ... PETITIONERS Vs 1. THE STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVERNMENT, HIGHWAYS AND RURAL WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI -9. 2. THE CHIEF ENGINEER, HIGHWAYS AND RURAL WORKS, CHEPAUK, MADRAS - 5. 3. THE TAMIL NADU PUBLIC SERVICE COMMISSIONJ, REP. BY THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, GOVT. ESTATE MADRAS – 2. ... RESPONDENTS Original Application No.2578 of 1995 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the 3rd respondent in connection with the advertisement notified by him in the Indian Express dated 3.4.95 in Advertisement No.7/95 in view of item No.111 and quash the same and direct the respondents 1 and 2 to appoint the petitioners to the post of A.E (Civil) in the light of G.O.Ms.No.2337 (HK) Department dated 6.11.1990 and the order passed by the Tribunal in O.A.No.475/95 dated 4.4.95 with effect from the date of vacancy with all monetary and service benefits by issuing a Writ of Certiorarified Mandamus. Since the Tamilnadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.R.Singaravelan For respondents : Mr.B.Vijay, Government Advocate ----- O R D E R Original Application No.2578 of 1995 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the 3rd respondent in connection with the advertisement notified by him in the Indian Express dated 3.4.95 in Advertisement No.7/95 in view of item No.111 and quash the same and direct the respondents 1 and 2 to appoint the petitioners to the post of A.E (Civil) in the light of G.O.Ms.No.2337 (HK) Department dated 6.11.1990 and the order passed by the Tribunal in O.A.No.475/95 dated 4.4.95 with effect from the date of vacancy with all monetary and service benefits by issuing a Writ of Certiorarified Mandamus. Since the Tamilnadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. The Administrative Tribunal in O.A.No.475 of 1995 by order dated 4.4.1995 passed the following order by consent and it reads as follows:- "The following order is passed by consent, as per the submissions made by Mr.K.Venkataramani, the learned Government Standing Counsel, Mr.R.Singaravelan, Mr.L.Chandrakumar & Mr.V.Suthakar, the learned counsels for the applicants and contesting respondents. "On the basis of the seniority in the feeder categories, subject to the acquisition of degree of Bachelor of Engineering qualification, promotions are to be made to the post of Assistant Engineer, according to seniority." This application is ordered as above." 3. The Petitioners four in number who are working as Union Overseer and Junior Draughting Officer seeks relief of promotion to the post of Assistant Engineer (Civil). Original Application has been filed in the year 1995. Counsel for the petitioners now states that the petitioners' case can be considered for promotion if they satisfied the requirement specified in the above said O.A. Order. 4. In view of the above submission, the petitioners are https://hcservices.ecourts.gov.in/hcservices/ permitted to make representation to the first respondent or the competent authority as the case may be within a month from the date of receipt of a copy of this order to consider their claim. The authority, the first respondent shall consider such claim on its own merits and grant consequential benefit keeping in mind the order passed in the earlier case cited above, if the petitioners fall in that category and dispose off the same within two months from the date of such representation. The Writ Petition is disposed off accordingly. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ts To 1.THE SECRETARY TO GOVERNMENT, HIGHWAYS AND RURAL WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI -9. 2. THE CHIEF ENGINEER, HIGHWAYS AND RURAL WORKS, CHEPAUK, MADRAS - 5. 3.THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, GOVT. ESTATE MADRAS – 2. + 1 C.C TO Mr.R.Singaravelan Advocate SR.NO.7207 + 1 C.C TO Government Pleader SR.NO.6886 Order in W.P.No.25967 of 2006 GR[CO] KS 17/02/2010 https://hcservices.ecourts.gov.in/hcservices/