RAJA MAHESH KUMAR M E (CIVIL-STRUCTURAL) Vs. SECRETARY TO GOVT , HOUSING & URBAN DEVELOPMENT DEPT , SECRETARIAT, CHENNAI

JUDGEMENT

(1.) The appellant has already been promoted as an Executive Engineer and then, as Superintending Engineer, but his grievance is that his promotion was subverted, as a result whereof, he has been made junior to the third respondent, Mr.M.Balamurugan, who came to be promoted earlier to the appellant, which was subject matter of challenge before the learned single Judge.

(2.) It is urged that the learned single Judge held the draft Service Regulations pertaining to promotion and seniority to be applicable whereas it is the Madras Metropolitan Development Authority Service Regulations, 1980, that were applicable and had to be applied on the facts of the present case. It is urged that even assuming for the sake of arguments that same benefit had been extended to the appellant under the draft Service Regulations, the same cannot be an impediment on the issues raised by the appellant, namely, that he could not have been non-suited for promotion and secondly, the third respondent could not have been promoted as he was not eligible to occupy the post in question.

(3.) It is the further submission of the learned counsel for the appellant that the conclusion drawn by the learned single Judge that there was another post of Executive Engineer (Electrical) where the third respondent was placed which does not in any way affect the eligibility conditions is incorrect and therefore, the impugned judgment deserves to be set aside.