PA GANESHWARAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner, an Executive Engineer, attached to Coimbatore City Municipal Corporation, has brought forth this writ petition for a writ of mandamus to direct the State to consider the petitioner for the post of the City Engineer by promotion in the Coimbatore City Municipal Corporation.

(2.) THE Court heard the learned Senior Counsel for the petitioner and looked into the affidavit in support of the petition. The Court also heard the learned Counsel for the respondents and looked into the counter affidavit filed by the third respondent.

(3.) THE petitioner has approached this Court for the issuance of a writ of mandamus stating that he has been working as Executive Engineer in the third respondent Coimbatore City Municipal Corporation, from 21. 7. 2006; that he has applied to the post of the City Engineer; that it is true that he has not possessed with the necessary qualification; but, he has applied for the same to the State which is the appointing authority; that the State has got all powers to relax the necessary qualification for the said appointment; that there were instances in the past, when the applications by the individuals who lacked necessary qualification, were actually considered by the Government, relaxing the rules and making promotion to them; that the petitioner who has actually been serving as Executive Engineer, has got sufficient experience; that he has also made an application to the State for promotion to the said post; that the same is pending consideration, and under the circumstances, it has become necessary to issue a direction to the first respondent.