Promotion rights and administrative delays under service rules.

THE HON'BLE MR. JUSTICE M. DHANDAPANI D.Elamparithi … Petitioner Vs

1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009

2.The Managing Director, Tamil Nadu Urban Habitat Development Board, Triplicane, Chennai-600 005 … Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to consider the petitioner for regular promotion to the post of Superintending Engineer in compliance of Rule 7 of Tamil Nadu Slum Clearance Board Engineering Officers Service Rules, in the vacancy existing from June 2023 onwards, based on seniority and eligibility of the petitioner as per Service Rules with consequential Promotion to the post of Chief Engineer in the existing vacancy, in consideration of representation submitted by the petitioner, forthwith For petitioner : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondents For R1 : Mr.T.M.Rajangam, Government Advovate For R2 : Mr.S.Karthikeyan

ORDER

This Writ Petition has been filed praying for direction to the respondents to consider the petitioner for regular promotion to the post of Superintending Engineer in compliance of Rule 7 of Tamil Nadu Slum Clearance Board Engineering Officers Service Rules, in the vacancy existing from June 2023 onwards, based on seniority and eligibility of the petitioner as per Service Rules with consequential Promotion to the post of Chief Engineer in the existing vacancy, in consideration of representation submitted by the petitioner, forthwith

2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner was appointed as Junior Engineer in the year 1989. His service was regularised and probation was declared in the year 1991. He was promoted as Assistant Executive Engineer in the year 2011 after 22 years. He was promoted as Executive Engineer in the year 2019. At present, the petitioner is holding full Additional Charge of Superintending Engineer from 2023 onwards with completion of 36 years of service. The petitioner is a qualifying Superintending Engineer under Rule 7 of Tamil Nadu Slum Clearance Board Engineering Officers Service Rules and he is eligible for 2025 panel as on crucial date i.e. 01.04.2025, as he is the senior most person in the feeder cadre. 7 Superintendenting Engineer posts were vacant for 2023-2024, wherein 6 posts were filled temporarily by deputation and the remaining have not been filled, thereby the petitioner and other similarly placed persons submitted representations during November 2025 by confirming the qualification as per Rule 7 of Tamil Nadu Slum Clearance Board Engineering Officers Service Rules and the proposal was forwarded to the Government. However, till date, the first respondent has not taken decision. Further, the petitioner is going to retire on 30.04.2026 and prior to that, he wants to obtain regular promotion as he is the senior most person as per the Rules. Hence, this Court may issue a direction to the first respondent to pass appropriate orders on the proposal forwarded by the Board dated 06.11.2025 and 05.12.2025 within the time as stipualted by this Court.

3. In view of the above, the first respondent is directed to pass appropriate orders on the proposal forwarded by the Board dated 06.11.2025 and 05.12.2025 within a period of two weeks from the date of receipt of this order.

4. With the above direction, this writ petition is disposed of. No costs.