Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

P.Pethuraj Vs. the Superintending Enginee

P.Pethuraj. vs The Superintending Enginee.

Type Court Judgment Court Chennai Decided Mar 09, 2012
~3 min read
https://sooperkanoon.com/case/926054

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Chennai High Court
Judge
Decided On
Case Number
W.P.No.41403 of 2002
Subject
Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Constitution

Key legal issue
Constitution
Acts & sections
Constitution of India - Article 226

Parties & Advocates

Appellant / Petitioner

P.Pethuraj.

Advocate Mr.S.James, Adv.

Respondent

The Superintending Enginee.

Legal References

Acts
Constitution of India - Article 226

Excerpt

.....inspector/line inspector from the date on which his junior was promoted and include the petitioner's name above fourth and fifth respondent in the seniority list for further promotions and also pay all arrears of salary and financial benefit.order1. the above writ petition is filed for issuance of a writ of certiorarified mandamus to call for the records of the first respondent in ka.no.30858/np.2/vu 1/ ko.va.vu/02 dated 30.10.2002 and quash the same and further direct the first and second respondent to promote the petitioner as commercial inspector/line inspector from the date on which his junior was promoted and include the petitioner's name above fourth and fifth respondent in the seniority list for further promotions and also pay all arrears of salary and financial benefit.2. the petitioner's representation claiming seniority over and above the respondents 4 and 5 was rejected by the impugned order dated 30.10.2002. challenging the same, the writ petition has been filed for the above stated relief.3. no counter has been filed. learned counsel appearing for the petitioner fairly stated that the seniority list has been subsequently modified in the proceedings of the first respondent in memo no.se/vredc/vdr/adm.ii/a.1/f seniority/04 dated 11.2.2004. in the light of the modified seniority list, the petitioner claims the relief as stated in the writ petition.4. heard the learned counsel for the respondents, who state that since the subsequent proceedings in memo no.se/vredc/vdr/adm. ii/a.1/f seniority/04 dated 11.2.2002 has been passed after filing of the writ petition and if the petitioner is entitled to any benefit consequent thereupon the court may direct the authorities to consider the claim of the petitioner in the light of the proceedings dated 11.2.2004.5. without going into the merits of the petitioner's claim in this writ petition, the first respondent is directed to consider the claim of the petitioner for all benefits consequent to the proceedings.....

Full Judgment

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorarified mandamus to call for the records of the first respondent in Ka.No.30858/NP.2/VU 1/ Ko.Va.Vu/02 dated 30.10.2002 and quash the same and further direct the first and second respondent to promote the petitioner as Commercial Inspector/Line Inspector from the date on which his junior was promoted and include the petitioner's name above fourth and fifth respondent in the seniority list for further promotions and also pay all arrears of salary and financial benefit.

ORDER

1. The above writ petition is filed for issuance of a writ of certiorarified mandamus to call for the records of the first respondent in Ka.No.30858/NP.2/VU 1/ Ko.Va.Vu/02 dated 30.10.2002 and quash the same and further direct the first and second respondent to promote the petitioner as Commercial Inspector/Line Inspector from the date on which his junior was promoted and include the petitioner's name above fourth and fifth respondent in the seniority list for further promotions and also pay all arrears of salary and financial benefit.

2. The petitioner's representation claiming seniority over and above the respondents 4 and 5 was rejected by the impugned order dated 30.10.2002. Challenging the same, the writ petition has been filed for the above stated relief.

3. No counter has been filed. Learned counsel appearing for the petitioner fairly stated that the seniority list has been subsequently modified in the proceedings of the first respondent in Memo No.SE/VREDC/VDR/Adm.II/A.1/F Seniority/04 dated 11.2.2004. In the light of the modified seniority list, the petitioner claims the relief as stated in the writ petition.

4. Heard the learned counsel for the respondents, who state that since the subsequent proceedings in Memo No.SE/VREDC/VDR/Adm. II/A.1/F Seniority/04 dated 11.2.2002 has been passed after filing of the writ petition and if the petitioner is entitled to any benefit consequent thereupon the Court may direct the authorities to consider the claim of the petitioner in the light of the proceedings dated 11.2.2004.

5. Without going into the merits of the petitioner's claim in this writ petition, the first respondent is directed to consider the claim of the petitioner for all benefits consequent to the proceedings in Memo No.SE/VREDC/VDR/Adm. II/A.1/F Seniority/04 dated 11.2.2004 as may be applicable in respect of his claim for promotion and other service benefits. It is made clear that the Court has not expressed any opinion on the merits of the petitioner's claim and the authority shall deal with the matter purely on its own merits by following due process of law and in the said course, if any other person is liable to be affected the said person shall also be given an opportunity to make a representation so as to avoid the allegation of violation of principles of natural justice. Such an exercise shall be completed as expeditiously as possible. The writ petition stands disposed of accordingly. No costs.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial