B.THIRUMAL Vs. ANANDA SIVAKUMAR

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals arise out of a judgment and order dated 4th August, 2009 whereby a Division Bench of the High Court of Judicature at Madras has allowed Writ Appeals No. 1155, 1156 and 1346 of 2008 setting aside the order passed by the learned Single Judge and dismissed Writ Petitions No.25871 of 2006 and 8925 of 2007 filed by the appellant.

(3.) DISSATISFIED by the rejection, the appellant submitted yet another representation pointing out that although some vacancies in the cadre of Assistant Executive Engineers (Electrical) were earmarked for Junior Engineers (Electrical) yet the same were being filled up by appointment of re - designated Assistant Engineers (Electrical). This representation was soon followed by the appellant filing Writ Petition No.25871 of 2006 in which the appellant prayed for a mandamus directing the respondents to consider his case against 25% vacancies reserved for members of the Subordinate Service and a certiorari quashing memorandum dated 18th January, 2006 whereby the Chief Engineer had rejected the representation filed by the appellant. A second representation filed by the appellant on 16th March, 2006 was, in the meanwhile, rejected by the Secretary to the Government, Public Works Department, Chennai, which rejection too was challenged by the appellant in Writ Petition No.8925 of 2007. The appellant prayed for a mandamus directing the respondent to consider and include his name in the panel for appointment to the post of Assistant Executive Engineer (Electrical) against the quota reserved for the diploma holder Junior Engineers. By a common order dated 29th August, 2008 a Single Bench of the High Court of Madras allowed both the writ petitions and directed the State Government to apply Rule 5(3)(b), Branch V ­ Electrical of the Special Rules applicable to the State Engineering Service in its letter and spirit and determine the seniority and entitlement of promotion on that basis.