R PERIYASAMY Vs. THIRU K ALLAUDIN

JUDGEMENT

(1.) HEARD the submissions made by Mr. P. Jayaraman, learned senior counsel representing Mr. G. Elanchezhiyan, learned counsel for the petitioner. The submissions made by Mr. L. S. M. Hasan Fizal, learned Government Advocate representing the respondent have also been heard. The materials available on record have also been perused.

(2.) THE petitioner, who was working as Assistant Engineer in the Highways Department under the Government of Tamil Nadu suffered an order of punishment of stoppage of increments for two years without cumulative effect. The said order imposing punishment was passed on 29. 05. 2002. During the pendency of the disciplinary proceedings in which the said order imposing punishment was passed, panel for promotion to the cadre of Assistant Divisional Engineer was prepared. As the petitioner's name was not included in the said panel and his juniors were promoted, he filed a writ petition thereafter in 2007 on the file of this court in W. P. No. 25234/2007 praying for the issue of a writ of mandamus directing the State of Tamil Nadu represented by its Secretary to Government, Highways Department to consider his claim for promotion with retrospective effect, i. e. on par with the petitioner's juniors with effect from the year 2001 as Assistant Divisional Engineer, without having any reference to the above said punishment of stoppage of increments.

(3.) THE petitioner had couched the prayer in the said writ petition in such a way that the above said relief should be granted to him as given to others by virtue of G. O. Ms. No. 344 Public Works (HK-1) Department dated 09. 05. 1995 and G. O. Ms. No. 157 Public Works (H-1) Department dated 25. 02. 1996 and in the light of the orders of the High court dated 08. 12. 2006 and 05. 06. 2006 made in W. P. No. 22975/2005 and W. P. No. 3588/2004 respectively by considering the petitioner's representation dated 06. 06. 2007.