IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.03.2009 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.Nos.28556 to 28559 of 2006 O.A.No.5928 to 5931/97 (T) P.Subramaniyan .. Petitioner in W.P.No.28556/2006 M.Kandasamy .. Petitioner in W.P.No.28557/2006 P.Murugadoss .. Petitioner in W.P.No.28558/2006 N.Saibaba .. Petitioner in W.P.No.28559/2006 Vs. 1.The Chief Engineer, Highways & Rural Works Department, PWD Buildings, Chepauk, Chennai – 600 005. .. 1st Respondent in all WPs Respondent The Government of Tamil Nadu, Rep. by its Secretary to Government, Highways Department, Fort St. George, Chennai – 600 009. .. 2nd Respondent in W.P.No.28557/06/ Respondent The Government of Tamil Nadu, Rep.by its Secretary to Government, Public Works (HK) Department, Chennai-600 009. .. 2nd Respondent in WP.Nos.28556, 28558 & 28559/06 Prayer in W.P.No.28556/2006 under Article 226 of the Constitution of India praying for a Writ of certiorarified mandamus to call for the records of the respondents and quash the impugned Memorandum No.1591/CON.I/97-3 dated 13.05.97 of the Chief Engineer Highways & Rural Works Department and to direct the respondents to include the petitioner in the promotional panel of the Assistant Engineers fit for promotion as Assistant Divisional Engineer for the year 1995 and give promotion to the petitioner with all attenuating benefits. Prayer in W.P.No.28557 to 28559/2006 under Article 226 of the Constitution of India praying for a Writ of certiorari to call for the records of the respondents and quash the impugned Memorandum No.1591/CON.I/97-3 dated 13.05.97 of the Chief Engineer Highways & Rural Works Department. https://hcservices.ecourts.gov.in/hcservices/ For Petitioners :: Mr.N.S.Sivam For Respondents :: Mr.P.Gurunathan, G.A. COMMON ORDER The four petitions were filed by the petitioners, who are working as Assistant Engineers in the Highways and Rural Works Department. 2. The grievance of the petitioners was that the first respondent by a communication dated 13.5.1997 called for the personal file of the named individuals of the 147 Assistant Engineers for his perusal. The grievance of the petitioners was that their names do not found in the said request letter and because of that when a panel for Assistant Engineer fit for promotion as Assistant Engineer for the year 1995 is prepared, their names may be omitted. Therefore, they sought to quash the said order and for a consequential direction to include the names of the petitioners in the promotion panel. 3. On the abolition of the Tribunal, the the matter stood transferred to this Court and was re-numbered as W.P.Nos. 28556 to 28559 of 2006. In the first case, the petitioner was already 50 years old, in the second writ petition, the petitioner was again 50 years, in the third writ petition, the petitioner was 53 years and in the fourth writ petition, the petitioner was 51 years old and therefore, by now all of them must have reached the age of superannuation. 4. In any event, the order impugned in the writ petitions is only an inter-office communication, which is not liable to be questioned. The cause of action of the petitioners will arise only when a promotion panel is made and published in the manner known to law. It is at this stage, the petitioners if there was any grievance, they can think and challenge the said official order. The inter-office communication is not liable to be challenged in a proceedings under Article 226 of the Constitution of India. 5. Hence all the four Writ Petitions are dismissed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. rpa To 1.The Chief Engineer, Highways & Rural Works Department, PWD Buildings, Chepauk, Chennai – 600 005. https://hcservices.ecourts.gov.in/hcservices/ 2.The Secretary to Government, Highways Department, Fort St. George, Chennai – 600 009. 3. The Secretary to Government, Public Works (HK) Department, Fort Saint George, Chennai-9. W.P.Nos.28556 to 28559 of 2006 KSK {CO} TP/18.3.2009. https://hcservices.ecourts.gov.in/hcservices/