T DESINGU Vs. PRINCIPAL DIRECTOR HIGHWAYS DEPARTMENT

JUDGEMENT

(1.) THE three petitioners have filed the present writ petition seeking to challenge the order dated 05.01.2011 passed by the second respondent Superintending Engineer, Chennai Circle, Highways Department, Chennai. By the impugned order, the petitioners were informed that since they are not in possession of the minimum educational qualification of 8th standard, their promotion to the post of Light Vehicle Drivers as per the Adhoc Rules dated 23.12.2010 was invalid and therefore, the promotion orders given to them to the post of Light Vehicle Drivers were cancelled and they were depromoted to the post of Gang Mazdoor. Challenging the same, the writ petition came to be filed.

(2.) WHEN the matter came up on 10.01.2011, this Court directed private notice to be issued to the respondents. Pending the notice, an interim stay was granted. Subsequently, the interim stay was extended from time to time and after the extension granted on 22.02.2011, there was no further extension. On behalf of the respondents, a counter affidavit dated Nil (February 2011) was filed.

(3.) IN view of the same, the impugned order reverting the petitioners to the lower post, on account of want of educational qualification, must necessary be set aside and accordingly, the impugned order stands set aside and the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.