Technical qualification and experience are paramount for the promotion of engineers to higher cadres, outweighing the requirement of passing departmental account tests, particularly for employees over 45 years of age with requisite service length.

(Special Original Jurisdiction)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ Order, or direction more particularly one in the nature of Writ of Mandamus, declaring the illegal action of the respondents in not promoting the petitioner from the post of Assistant Engineer to the post of Deputy Executive Engineer as he was crossed 45 years age by giving exemption in passing the departmental test in terms of G.O.Ms.No.225, dated.18-05-1999 and having completed 5 years of service in the above cadre in terms of Civil Appeal Nos.9856/2016 and batch of the Hon'ble Supreme Court of India, the petitioner is entitle to promote Deputy Executive Engineer on par with his juniors in spite of his repeated representations dated.26-11-2019, 03-06-2021, 26- 06-2021, 29-06-2021, 30-06-2021, 28-10-2021, 11-07-2024, 12-07- 2024, 20-05-2025 and 03-02-2026 which is illegal, arbitrary, unconstitutional, contrary to law and violation of Articles 14 and 16 of the Constitution of India and consequently direct the respondents herein to promote the petitioner from the post of Assistant Engineer to the post of Deputy Executive Engineer on par with his juniors with retrospective effect with all consequential benefits taking into consideration that he is going to retire on 31-05-2026 on attaining the age of superannuation at the age of 62 years and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim direction, directing the respondents herein to consider the petitioner’s representations dated.26-11- 2019, 03-06-2021, 26-06-2021, 29-06-2021, 30-06-2021, 28-10- 2021, 11-07-2024, 12-07-2024, 20-05-2025 & 03-02-2026 forthwith and consider his promotion to the post of Deputy Executive Engineer in terms of G.O.Ms.No.225, dated. 18-05-1999 and on completion of 5 years of service in the cadre of Assistant Engineer, taking into consideration that he is going to retire on 31-05-2026 and pass

The Court made the following:

The Court made the following ORDER:

1. This Writ Petition is filed aggrieved by the action of the respondents in not promoting the petitioner from the post of Assistant Engineer to the post of Deputy Executive Engineer by granting exemption from passing the departmental tests, though the petitioner had crossed the age of 45 years in terms of G.O.Ms.No.225, dated 18.05.1999, and had also completed five (05) years of service in the said cadre in terms of the judgment rendered by the Hon’ble Supreme Court of India in Civil Appeal Nos.9856 and 9860 of 2016 and batch, which is illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The learned counsel for the petitioner submits that, though the petitioner is entitled to be considered for promotion to the post of Deputy Executive Engineer on par with his juniors, the respondents have failed to consider his case. It is further submitted that, despite several representations made by the petitioner dated 26.11.2019, 03.06.2021, 26.06.2021, 29.06.2021, 30.06.2021, 28.10.2021, 11.07.2024, 12.07.2024, 20.05.2025 and 03.02.2026, the respondents have neither considered the petitioner’s claim nor passed any orders thereon till date. Hence, the present Writ Petition.

4. The learned counsel for the petitioner has brought to the notice of this Court that an identic