COMMISSIONER Vs. MUTHUIRULAPPAN AND OTHERS

JUDGEMENT

(1.) First respondent/petitioner has moved WP.No.28058 of 2013 seeking to declare G.O.(2Pa).No.54, dated 10.06.2011, Municipal Administration and Water Supply (Ma.Na.3) Department illegal, arbitrary and contrary to law, insofar as not promoting the petitioner to the post of Superintending Engineer and to consequently direct the respondents to promote the petitioner to the post of Superintending Engineer with effect from 01.02.2010, fix the pay scale and revise the terminal benefits payable to petitioner in the post of Superintending Engineer.

(2.) The first respondent, who had served as an Executive Engineer had been recommended for appointment as Superintending Engineer under Resolution of Appellant-Corporation, dated 24.05.2010 when, two posts of Superintending Engineer lay vacant and two more vacancies were to arise within the year 2010-2011. Towards filling up all four posts of Superintending Engineer, a Panel of names including the name of petitioner, had been approved by Appellant-Corporation. The Panel prepared by the appellant was forwarded to Government, which was unable to make appointments owing to intervening the General Elections. Eventually, an order of appointment came to be passed by Government in G.O(2 Pa) No.54 dated 10.06.2011, whereunder three persons were appointed as Superintending Engineer of Appellant-Corporation. Of the five recommended by the Appellant-Corporation, one had withdrawn and the first respondent's name had not been considered since he had superannuated on 30.04.2011. Hence, respondent moved WP.No.28058 of 2013 seeking the following relief:-

(3.) Under orders dated 23.03.2017, this Court had found as follows:-