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2014 Supreme(Mad) 3474

K.K.SASIDHARAN
M. Muneer Ahamed – Appellant
Versus
Commissioner, Madurai Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioners:B. Saravanan, G. Prabhu Rajadurai, Advocates.
For the Respondents:R1, Murali, R2 & R3, T.S. Mohammed Mohideen, Additional Government Pleader, R4 to R7, B. Saravanan, Advocates, R8 to R10, No Appearance.

Order

1. Writ Petition in W.P.(MD)No.4819 of 2014 is at the instance of four Assistant Engineers of Madurai Municipal Corporation and the prayer is to direct preparation of panel for promotion to the post of Assistant Executive Engineer and to promote them in the order of seniority.

2. Writ Petition in W.P.(MD)No.5883 of 2014 is at the instance of another Assistant Engineer and the challenge is to the proceedings dated 15 February, 2014, whereby and whereunder, the Commissioner of Madurai City Corporation prepared a panel and called for particulars of Assistant Engineers for considering them for promotion to the post of Assistant Executive Engineer.

BACKGROUND FACTS:

W.P.(MD)No.5883 of 2014:

3. The petitioner was appointed as Assistant Engineer on 01 June, 2001. Respondents 4 to 10, which includes the petitioners in W.P.(MD)No.4819 of 2014, were also appointed on 01 June, 2001. According to the petitioner, respondents 4 to 10 failed to pass the mandatory departmental test and as such, they are not qualified for promotion to the post of Assistant Executive Engineer. It is the case of the petitioner that he passed the departmental test within the time permitted by the Service Rules and as











































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