The State Of Tamil Nadu vs N.V.Moorthy (Deceased)
2023 Latest Caselaw 11463 Mad

                                                                      W.A.No.4026 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 29.08.2023

                                                    CORAM

                                    THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
                                                      AND
                                   THE HON'BLE Mr. JUSTICE K.KUMARESH BABU

                                              W.A.No.4026 of 2019
                                                      and
                                             C.M.P.No.25231 of 2019

                     1.The State of Tamil Nadu,
                       Rep. By its Secretary,
                       Public Works Department,
                       Chennai – 600 009.

                     2.The Chief Engineer,
                       Water Resources Organisation,
                       Design Research & Construction Support,
                       Public Works Department,
                       Chepauk, Chennai – 5.

                     3.The Chief Engineer,
                       Water Resources Organisation,
                       Public Works Department,
                       Chepauk, Chennai – 5.

                     4.The Executive Engineer,
                       Soil Mechanics & Research Division,
                       Public Works Department,
                       Chepauk, Chennai – 5.                            ... Appellants

                                                       Vs.

                     1.N.V.Moorthy (deceased)
https://www.mhc.tn.gov.in/judis
                     1/5
                                                                                    W.A.No.4026 of 2019

                     2.Santhaveni
                     3.Prabakaran
                     4.Nagalakshmi
                     5.Panjarathinam                                                 ... Respondents

                     [R2 to R5 is substituted as the
                     legal heirs of the deceased R1
                     vide order dated 24.10.2019 in
                     MP.No.1 of 2015 in WA.SR.No.45745/2011]

                     Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
                     to set aside the order dated 28.10.2010 in W.P.No.41614 of 2006.

                                        For Appellants     : Mr.R.Kumaravel
                                                             Additional Government Pleader

                                        For Respondents : No appearance

                                                         JUDGMENT

(Judgment of the Court was delivered by K.KUMARESH BABU, J.)

This intra-Court appeal has been preferred being aggrieved against

the order made in W.P.No.41614 of 2006 dated 28.10.2010 by the

learned Single Judge directing the 1st respondent/1st appellant to consider

the case of the petitioner/deceased 1st respondent on the basis of the

recommendations made by the Superintending Engineer and the

Executive Engineer and also based on G.O.(Ms).No.30 dated 27.01.1998

and G.O.(Ms).No.392 dated 19.06.1998 and pass orders on the relaxation

of the educational qualification.

https://www.mhc.tn.gov.in/judis

W.A.No.4026 of 2019

2. This writ petition had come up before this Court by way of a

transfer of the original application filed before the Tamil Nadu

Administrative Tribunal.

3. A perusal of the original application filed by the applicant/1st

respondent would indicate that the applicant viz., deceased 1st respondent

herein was aged 60 years even at the time of filing the application. The

prayer in the application is to fit the applicant in the cadre of Fitter Grade

II from 28.12.1998 by relaxing the Adhoc rules in that respect.

4. The application had been made beyond the age of the

superannuation and hence at the outset, it ought not to have been

entertained by the learned Single Judge, but however the learned Single

Judge had proceeded to issue the direction by taking into account certain

recommendations that had been made in favour of the deceased 1st

respondent. Even the Government Orders that had been relied upon by

the learned Judge had came to be issued only in the year 1998 which

would impliedly mean that such Government Orders have been made

after the superannuation of the 1st respondent. Therefore, the reliance https://www.mhc.tn.gov.in/judis

W.A.No.4026 of 2019

placed upon the said Government Orders by the learned Judge is wholly

misplaced and therefore the order impugned in this writ appeal is liable

to be interfered with and accordingly the Writ Appeal is allowed and the

order passed by the learned Single Judge is set aside. However, there

shall be no order as to costs. Consequently, connected miscellaneous

petition is closed.

                                                                 (R.S.K., J.)         (K.B., J.)
                                                                           29.08.2023
                     Index            : Yes/No
                     Speaking Order : Yes/No
                     Neutral Citation : Yes/No
                     Sgl




https://www.mhc.tn.gov.in/judis

                                          W.A.No.4026 of 2019

                                   R. SURESH KUMAR, J.
                                                 And
                                  K.KUMARESH BABU, J.


                                                         Sgl




                                     W.A.No.4026 of 2019




                                               29.08.2023


https://www.mhc.tn.gov.in/judis