Madras High Court
P.Mookkan vs The State Of Tamil Nadu on 21 September, 2022
W.P.(MD)No.12787 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.12787 of 2022
and
W.M.P(MD)No.9077 of 2022
P.Mookkan ... Petitioner
Vs
1.The State of Tamil Nadu,
Represented by its
Principal Secretary,
Personnel and Administrative Reforms (M Department),
Secretariat,
Chennai.
2.The Principal Secretary to
Government of Tamil Nadu,
Highways and Minor Ports (HK3) Department,
Secretariat,
Chennai.
3.The Director General,
Highways Department,
Guindy,
Chennai.
4.The Divisional Engineer,
(Construction and Maintenance),
Highways Department,
Madurai Division,
Madurai.
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD)No.12787 of 2022
5.The Assistant Divisional Engineer,
(Construction and Maintenance),
Highways Department,
Vadipatti Subdivision,
Madurai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order of reversion passed by the above fourth
respondent in Se.Mu.Ka.No.26/2022/Aa2 dated 02.06.2022 that has been
communicated to the petitioner by the above fifth respondent vide proceedings
in Se.Mu.Ka.No.26/2022/I.Ni.Vu dated 03.06.2022 and quash the same as
illegal and direct the above fourth respondent to reinstate the petitioner to the
post of Road Inspector Grade - II (Skilled Assistant Grade-II) and consequently
direct the above fourth respondent to pay all the authorized monetary benefits
due to him as Road Inspector-Grade-II (Skilled Assistnat Grade-II).
For Petitioner : Mr.B.N.Raja Mohamed
For Respondents : Mr.D.S.Nedunchezhian
Government Advocate
ORDER
Heard the learned counsel on either side.
2. The writ petitioner was promoted as Road Inspector Grade - II (Skilled
Assistant Grade-II) vide order dated 28.09.2015 passed by the fourth
respondent. The petitioner was earlier holding the post of Road Gang Mazdoor.
The petitioner had passed the Pre-Foundation Course conducted by the Open
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W.P.(MD)No.12787 of 2022
University System of the Direcorate of Distance Education affiliated to
Madurai Kamaraj University. His Pass Certificate dated 08.06.2012 was taken
as qualification for the promotional post. Subsequently, the fourth respondent
took the view that the Pre-Foundation Course passed by the petitioner herein
cannot be taken into account. In that view of the matter, the impugned order
dated 02.06.2022 was passed reverting the petitioner to the post of Road Gang
Mazdoor. Challenging the same, the present writ petition has been filed.
3. There is no dispute that an identical issue was raised before the
Hon'ble Division bench in W.A(MD)Nos.497 to 500 of 2022. The Hon'ble
Division Bench vide judgment dated 05.07.2022 held that the passing of Pre-
Foundation Course prior to 20.11.2017 is sufficient qualification for getting
promotion to the post of Road Inspector Grade - II (Skilled Assistant Grade-II)
and set aside the orders reverting the appellants to the original post of Road
Gang Mazdoor. The case on hand is squarely covered by the aforesaid order
passed by the Hon'ble Division Bench. Accordingly, the impugned order is set
aside.
4. The petitioner shall continue to be in the post of Road Inspector Grade
- II (Skilled Assistant Grade-II) with Continuity of service and all subsequent
monetary benefits. The reinstatement of the petitioner shall be done forthwith.
Order granting continuity of service will be passed within a period of four
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W.P.(MD)No.12787 of 2022
weeks and disbursement of the monetary benefits within a period of eight
weeks from the date of receipt of a copy of this order.
5. This writ petition is allowed. Consequently, connected miscellaneous
petition is closed. No costs.
21.09.2022
Index : Yes / No
Internet : Yes/ No
mga
Note: Issue order Copy on 23.09.2022.
To
1.The Principal Secretary,
State of Tamil Nadu,
Personnel and Administrative Reforms (M Department),
Secretariat,
Chennai.
2.The Principal Secretary to
Government of Tamil Nadu,
Highways and Minor Ports (HK3) Department,
Secretariat,
Chennai.
3.The Director General,
Highways Department,
Guindy,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12787 of 2022
4.The Divisional Engineer,
(Construction and Maintenance),
Highways Department,
Madurai Division,
Madurai.
5.The Assistant Divisional Engineer,
(Construction and Maintenance),
Highways Department,
Vadipatti Subdivision,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12787 of 2022
G.R.SWAMINATHAN, J.
mga
W.P.(MD)No.12787 of 2022
21.09.2022
https://www.mhc.tn.gov.in/judis
