CHAIRMAN CHENNAI PORT TRUST Vs. R MANIMUTHU

JUDGEMENT

(1.) THE Writ Appeal has been preferred by the appellant, challenging the order of the learned single Judge by which the order impugned passed by the appellant dated 10.12.1998 was set aside and a consequential direction was issued to the appellant to implement the grouped schemes as per the award and to promote the respondent No.1 as Assistant Superintendent with effect from 18.11.1997 with all consequential benefits.

(2.) THE respondent No.1 joined the duty as Lower Division Clerk with the appellant on 22.05.1979. THEreafter, he was posted in the Electrical and Mechanical Department on 25.02.1980. He was further promoted as Junior Assistant with effect from 20.12.1987 in the year 1989. THEreafter, by the order dated 01.02.1997, he was further promoted as a Senior Assistant. THEreafter, by a subsequent order dated 09.04.1997, the appellant regularised the services of the respondent No.1 as Senior Assistant retrospectively with effect from 18.11.1992.

(3.) CHALLENGING the said order, the petitioner has filed the Writ Petition in W.P.No.1031 of 1999. The learned single Judge has allowed the Writ Petition on the ground that after giving effect to the award and after giving the benefits including the monetary benefits in passing an order of promotion with retrospective effect, the appellant cannot act contrary to the said award by denying further promotion on the sole ground that inasmuch as the respondent No.1 having not put up adequate service in the promoted post, he cannot be considered for promotional post. It is seen from the proceedings dated 22.11.2002 that the respondent No.1 was further promoted as Assistant Superintendent by implementing the order of the learned single Judge. It is submitted by the learned senior counsel appearing for the appellant and the learned counsel appearing for the respondent No.1 that the respondent No.1 has retired from service after working in the post of Assistant Superintendent.