LAWS(MAD)-2007-3-256

P KAPPUSAMI Vs. CHENNAI PORT TRUST

Decided On March 12, 2007
P.KAPPUSAMI Appellant
V/S
CHIEF MECHANICAL ENGINEER Respondents

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of a writ of certiorarified mandamus calling for the records relating to the order of the first respondent in Proceedings No. CME/a3/2464/2003/eme dated 10. 12. 2003 and to quash the same and to consequently direct the respondents to promote the petitioner to the post of Assistant Executive Engineer (Electronics) with effect from 14. 09. 2001 with all benefits including arrears of pay.

(2.) THE case of the petitioner, in brief, is as under: the petitioner who has a basic degree in B. Sc. (Physics), M. Sc. (Physics) with specialization in Electronics and M. Tech. degree in Laser and Electro Optical Engineering which is considered as a post graduate degree in Electronics Engineering, joined Chennai Port Trust as Assistant Engineer (Electronics) on 13. 01. 1990 pursuant to the appointment order dated 10. 01. 1990. The qualification prescribed for the said post is a post-graduate degree in Electronics Engineering. The qualification for the next higher post i. e. Assistant Executive Engineer (Electronics) also is a post-graduate degree in Electronics Engineering. While filling up two vacancies in the post of Assistant Executive Engineer (Electronics), one Ravikumar who is senior to the petitioner, was promoted but the petitioner's promotion was kept pending for want of certain clarifications. Aggrieved by this, he made representations on 15. 11. 2001, 06. 12. 2001 and 28. 08. 2003 and a reply dated 10. 12. 2003 was given by the second respondent stating that the petitioner has qualified in only M. Tech Degree of some other discipline and as such, his representation for promotion is pending on the ground that he does not have the requisite qualification.

(3.) AGGRIEVED by this reply of the second respondent, this writ petition has been filed by the petitioner.