LAWS(MAD)-2008-3-39

I SUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

Decided On March 20, 2008
I. SUBRAMANIAN Appellant
V/S
GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI Respondents

JUDGEMENT

(1.) W.P.No.40119 of 2002 has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, directing to call for the records in O.A.No.5801 of 2001, dated 14.06.2002 on the file of the Tamil Nadu Administrative Tribunal, Chennai and quash the same, in so far as the rejection of the claim for the promotion of the petitioner is concerned and also to direct the first and second respondents to consider the claim of the petitioner for the promotion as Superintending Engineer and Chief Engineer by including the name of the petitioner in appropriate places in the panels for Superintending Engineer and Chief Engineer for the years 2000-2001 and 2001-2002 respectively.

(2.) W.P.No.40120 of 2002 has been filed seeking the order in the nature of a writ of certiorari to call for the records in O.A.No.5802 of 2001, dated 14.06.2002 on the file of the Tamil Nadu Administrative Tribunal, Chennai and quash the order dated 14.06.2002 made in so far as it confirms the punishment of stoppage of increment for two years without cumulative effect passed against the petitioner in G.O.2(D)No.49, PWD dated 16.10.2000 on the file of the first respondent.

(3.) IT is not in dispute that the Tamil Nadu State Construction Corporation, a State undertaking was formed by the State Government for the purpose of undertaking construction works of various projects by itself. The Engineers in various departments of the Government of Tamil Nadu, mainly from PWD have been entrusted with the task of construction work from masonry work upto completion of construction and at the same time, their work was not hampered by too many restrictions usually placed as per the special procedure prescribed in the P.W.D. code. Though the Corporation was created as an independent agency, it is mainly manned by engineers from public works department of the State Government.