S.Palaniappan vs The Engineer In Chief
2021 Latest Caselaw 5241 Mad

                                                                          W.A.(MD)No.23 of 2018

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 26.02.2021

                                                   CORAM:
                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                     AND
                                 THE HONOURABLE MRS.JUSTICE S.ANANTHI
                                             W.A.(MD)No.23 of 2018

                 S.Palaniappan                                        : Appellant

                                                      Vs.

                 1.The Engineer in Chief
                   Water Resources Organization and Chief Engineer (General),
                   Public Work Department
                   Chepauk,
                   Chennai - 600 005.

                 2.The Chief Engineer
                   Buildings,
                   Public Work Department,
                   Trichy Region,
                   Trichy.

                 3.The Superintendent Engineer
                   Public Work Department,
                   Building Construction and Maintenance Circle,
                   Trichy - 1.

                 4.The Executive Engineer
                   Public Work Department,
                   Building Construction and Maintenance Division
                   Pudukkottai.                                       : Respondents

                 1/4



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                                                                               W.A.(MD)No.23 of 2018

                 PRAYER: Appeal filed under Clause 15 of the Letters Patent as against the order

                 dated 05.07.2017 made in W.P.(MD)No.12403 of 2017.


                                    For Appellant             : Mr.R.Rajaraman

                                    For Respondents           : Mr.K.P.Narayanakumar
                                                              Special Government Pleader

                                                        *****

                                                    JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant aggrieved over the

order of the learned Single Judge, who dismissed the writ petition filed on the

ground that he, having retired, cannot seek relief as sought for.

2.The learned counsel appearing for the appellant submitted that

though he relinquished his promotion, he could have been considered thereafter.

3.The learned Special Government Pleader appearing for the

respondents submitted that the promotion was not granted to him earlier because

of the relinquishment and thereafter, he retired.

http://www.judis.nic.in W.A.(MD)No.23 of 2018

4. Nobody got vested right for promotion. Such a right is only

conferred. The present writ petition has been filed by the petitioner after attaining

the age of superannuation on 31.07.2016. Once an employee retires, he cannot

seek for a promotion with retrospective effect thereafter.

5.In such view of the matter, we do not find any reason to interfere

with the order of the learned Single Judge. Accordingly, the writ appeal stands

dismissed. No costs.

                 Index       : Yes / No                       [M.M.S.,J.] [S.A.I.,J.]
                 Internet    : Yes                                26.02.2021
                 rm

                 To

                 1.The Engineer in Chief

Water Resources Organization and Chief Engineer (General), Public Work Department Chepauk, Chennai - 600 005.

2.The Chief Engineer Buildings, Public Work Department, Trichy Region, Trichy.

http://www.judis.nic.in W.A.(MD)No.23 of 2018

M.M.SUNDRESH, J.

AND

S.ANANTHI, J.

rm

3.The Superintendent Engineer Public Work Department, Building Construction and Maintenance Circle, Trichy - 1.

4.The Executive Engineer Public Work Department, Building Construction and Maintenance Division Pudukkottai.

W.A.(MD)No.23 of 2018

26.02.2021

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