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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
A.Palanikumar – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.(MD)No.16615 of 2021 and W.M.P.(MD)No.13486 of 2021
Decided on : 09-08-2024
Writ Petition - Appointment of Assistant Engineers - The court addressed a writ petition under Article 226 of the Constitution of India, seeking to prevent the appointment of Assistant Engineers (Electrical) by deputation while the petitioners' promotion proposal was pending. The court found the petition infructuous as the promotion proposal had been rejected, leading to the dismissal of the writ petition.
Fact of the Case:
The petitioners filed a writ petition seeking a Writ of Mandamus to prevent the third respondent from appointing Assistant Engineers (Electrical) by deputation while their promotion proposal was pending consideration.
Finding of the Court:
The court noted that the promotion proposal for the petitioners had been rejected after the filing of the writ petition, rendering the matter moot.
Issues: Whether the court should intervene to prevent the appointment of Assistant Engineers (Electrical) by deputation while the petitioners' promotion proposal was pending.
Ratio Decidendi: The court concluded that since the promotion proposal had been rejected, there was no longer a matter to adjudicate, and thus the writ petition was dismissed as infructuous.
Result: The writ petition was dismissed as infructuous, with no order as to costs.
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the third respondent from making any appointment of Assistant Engineers (Electrical) by deputation from the fourth respondent department or any other department in guise of letter by the third respondent in kep2/42939/2007 dated 30.07.2021 as per Rule 6 of the Tamil Nadu Municipal Corporation Engineering and Water Supply Service Rule, 1996, while the proposal of promotion of the petitioners to the post of Assistant Engineers (Electrical) is pending consideration before the first respondent as per the letter by the third respondent in kep27/010219/2019 dated 29.05.2021 and as per order of this Court in W.P.(MD)No.18186 of 2016 dated 22.09.2016, W.P.(MD)No.8445 of 2019 dated 09.04.2019 and W.P.(MD)No.2528 of 2021 dated 15.02.2021.
The prayer sought for in this Writ Petition is to forbear the third respondent from making any appointment of Assistant Engineers [Electrical] by deputation pending consideration of the proposal of the petitioners seeking approval for promotion of the petitioners to the post of Assistant Engineers [Electrical].
2. When the Writ Petition was taken up for hearing, it is represented by the learned Standing Counsel for Madurai City Municipal Corporation that the prayer sought for in this Writ Petition has now become infructuous, since the proposal for the promotion of the petitioners to the post of Assistant Engineers [Electrical] has been rejected subsequent to the filing of this Writ Petition.
3. Since the proposal has already been rejected, nothing survives for further adjudication in this Writ Petition.
4. Accordingly, this Writ Petition stands dismissed as infructuous. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
A writ petition becomes infructuous when the underlying issue, such as a pending promotion proposal, is resolved or rejected.
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