1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13898 of 2011 and M.P.(MD).No.1 of 2011 M.Muthu ... Petitioner Vs. 1. State of Tamil Nadu represented by its Secretary to Government, Higher Education Department, Secretariat, Chennai-9. 2. The Commissioner of Technical Education, Chennai-25. 3. The Principal, Arulmigu Palaniandavar Polytechnic College, Palani, Dindigul District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to promote the petitioner as instructor in civil engineering in the third respondents college, by considering his representation dated 12.09.2011. For Petitioner : Mr.V.Panneerselvam For R1 and R2 : Mr.B.Pugalenthi Special Government Pleader For R3 : Mr.Devarajan O R D E R The petitioner M.Muthu joined the post of Laboratory Assistant through direct recruitment on 01.07.1987 in the third respondent, Arulmigu Palaniandavar Polytechnic College, Palani, Dindigul District. While working, he has acquired diploma in civil engineering in the year 1988, again with further interest to acquire higher qualification, the petitioner also acquired B.E., degree in civil engineering in first class in April 2004. Subsequently, as there was a vacancy in the post of Junior Draughting Officer, for the reason that he is fully qualified, he made a representation for the same. As the said representation was not considered, the petitioner has approached this Court by filing the Writ Petition in W.P.No.10031 of 2009, seeking a direction to give promotion to the post of Junior Draughting Officer as per the Special Rules. This Court by order dated 29.04.2010, allowed the said writ petition. However, aggrieved https://hcservices.ecourts.gov.in/hcservices/ 2 by the said order, the management preferred a Writ Appeal No.722 of 2010 and the Writ Appeal is now pending. When the matter stands as above, the grievance of the petitioner is, as per the special Rules, when the petitioner has got diploma in civil engineering and B.E., in civil engineering, he is fully qualified for the post of Junior Draughting Officer as well as instructor. Now the post of instructor also has become vacant on 30.11.2009, due to the retirement of one incumbent viz., Murugesan. Immediately thereafter on the retirement of the said Murugesan, the petitioner made a representation on 12.09.2011, requesting the respondents to give him promotion to the post of instructor and the said request was not till date considered. 2. In view of the inaction shown by the respondents, the petitioner was constrained to file the present writ petition seeking a limited prayer to issue a direction to the respondents to consider the representation of the petitioner dated 12.09.2011. 3. Mr.B.Pugalenthi, learned Special Government Pleader takes notice for the respondents 1 and 2. 4. Since the prayer sought for by the petitioner is limited to consider the petitioner's representation, this Court having seen that the petitioner has acquired diploma in civil engineering in the year 1988 and also acquired B.E., degree in civil engineering in April 2004, the petitioner appears to be eligible to the post of instructor, hence I cannot direct the respondents to consider the pending representation dated 12.09.2011, in the light of the order passed by this Court in Writ Petition No.10031 of 2009 dated 29.04.2010, since his pending Writ Appeal No.722 of 2010 is not disposed of. With the above direction, this Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1. The Secretary to Government, Higher Education Department, Secretariat, Chennai-9. 2. The Commissioner of Technical Education, Chennai-25. +1 CC to M/s.C.S.Associates, Advocate (SR.No.43184) +1 CC to Special Government Pleader (SR.No.42900) W.P.(MD)No.13898 of 2011 07.12.2011 akv NSV/29.12.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/