Madras High Court
The Secretary To Government vs D.Elango on 8 January, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1608 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD)No.1608 of 2021
and
C.M.P.(MD)No.6857 of 2021
1.The Secretary to Government,
Municipal Administration and Water Supply Department,
Government of Tamil Nadu,
Fort St. George, Chennai - 600 009.
2.The Commissioner of Municipal Administration,
Chepauk, Chennai - 600 005.
Now Presently, the Director of Municipal Administration,
Raja Annamalaipuram, M.R.C. Nagar, Chennai 6.
3.The Regional Director of Municipal Administration,
Madurai. ... Appellants
Vs.
D.Elango ... Respondent
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to set
aside the order made in W.P.(MD) No.10849 of 2017 dated 01.12.2020
on the file of this Court
1/8
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1608 of 2021
For Appellants : Mr..R.Baskaran,
Addl. Advocate General,
Assisted by Mr.M.Siddharthan,
Addl. Government Pleader.
For Respondents : Mr.J.Lawrance
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
Heard the learned counsel on either side.
2.The respondent / D.Elango joined Municipal Department as
Overseer in the year 1998. He was sent on deputation to Municipal
Administration Department which is a government service in the year
2000 as a Draughtsman Grade III. His deputation was subsequently
ratified by the Government and D.Elango was also absorbed in
government service. He subsequently became Draughtsman Grade II
with effect from 23.11.2005.
3.As per Tamil Nadu Engineering Subordinate Service Rules, the
post of Junior Engineer is to be filled up on 3:1 basis (direct recruitment :
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promotion). Promotion is to be made from the posts of Overseer /
Technical Assistant / Draughtsman Grade III. The post of Overseers and
Technical Assistant is not available in Municipal Administration
Department. Tamil Nadu Engineering Subordinate Service Rules were
made applicable to the temporary post of Draughtsman Grade II in the
Directorate of Municipal Administration vide G.O.(Ms)No.517
Municipal Administration and Water Supply Department dated
20.05.1988. The case of the respondent is that he ought to have been
promoted as Junior Engineer way back in October 2008 itself. The
learned counsel for the respondent would even claim that vacant posts
were then available.
4.However, the authorities were of the view that a person holding
the post of Draughtsman Grade II may be promoted to the post of Junior
Engineer only after formulation of comprehensive rules covering all the
technical posts. The respondent went on submitting representations. His
request was rejected vide order dated 09.05.2017. Questioning the same,
the respondent filed W.P.(MD)No.10849 of 2017. The writ petition was
allowed vide order 01.12.2020 in the following terms:-
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“15.The impugned order passed by the second respondent dated
09.05.2017 would show the irresponsibility of the second
respondent to frame any rules, when the first respondent requested
the second respondent as early as in the year 2007 to send the draft
adhoc rules for the purpose of providing promotions to the
Draughtsman Grade-II, the same was not acted upon by the second
respondent. The second respondent, without sending any draft
adhoc rules, to the first respondent in an irresponsible manner,
has disposed of the petitioner's representation, on 09.05.2017,
which is an unfortunate order passed by the second respondent
without knowing the duties cast on him to frame the adhoc rules.
16.In the light of the above, I am of the opinion that the
impugned order was passed without application of mind and hence,
the same is liable to the quashed. Accordingly, the impugned order,
dated 09.05.2017, is quashed. While quashing the impugned order,
dated 09.05.2017, this Court directs the first and second
respondents either to amend the Tamil Nadu Engineering and
Subordinate Service Rules, to include Draughtsman Grade-II so as
to enable the petitioner to get promotion as Junior Engineer /
Assistant Engineer or to frame consolidated service rules for the
posts sanctioned by the first respondent in G.O.Ms.No.2 MA and
WS Department, dated 04.01.1999 and to promote the petitioner as
Junior Engineer / Assistant Engineer with re-designation from the
present post of Draughting Officer Grade ? II and to provide all the
promotions along with monetary and attendant benefits with
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retrospective effect. The entire exercise shall be completed within a
period of twelve weeks from the date of receipt of a copy of this
order.”
Challenging the same, the State has filed this intra-court appeal.
5.We are more than satisfied that the respondent's case is governed
by the relevant provision of the Tamil Nadu Engineering Subordinate
Service Rules. The learned Single Judge rightly held that the respondent
was entitled to promotion to the post of Junior Engineer.
6.In fact, during the pendency of writ appeal, the respondent was
even granted promotion on prospective basis. Now the only question
that calls for consideration is whether the respondent has to be given
retrospective promotion.
7.The learned Single Judge had given a direction that the
respondent should be given promotion from the date when he was
entitled to be given.
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8.The doctrine of laches is very much applicable to writ
proceedings. The respondent was appointed as Draughtsman Grade II in
the year 2005. He became eligible for promotion to the post of Junior
Engineer in October 2008.
9.Nothing prevented the respondent from filing a writ petition
immediately. He chose to file the writ petition only in the year 2017.
Therefore, the respondent can be given relief only from the date when he
filed the writ petition. The writ petition was filed on 01.06.2017. The
order passed by the learned Single Judge is modified. The respondent
shall be given benefit as directed by the learned Single Judge with effect
from 01.06.2017.
10.This writ appeal is partly allowed. No costs. Consequently,
connected miscellaneous petition is closed.
(G.R.S. J.,) & (R.P. J.,)
08.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
https://www.mhc.tn.gov.in/judis
To:-
1.The Secretary to Government,
Municipal Administration and Water Supply Department,
Government of Tamil Nadu,
Fort St. George, Chennai - 600 009.
2.The Commissioner of Municipal Administration,
Chepauk, Chennai - 600 005.
Now Presently, the Director of Municipal Administration,
Raja Annamalaipuram, M.R.C. Nagar, Chennai 6.
3.The Regional Director of Municipal Administration,
Madurai.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
and
R.POORNIMA, J.
ias
08.01.2025
https://www.mhc.tn.gov.in/judis
