Full Judgment
These petitions came to be numbered by transfer of O.A.No.6779 and 6780 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of mandamus, to direct the respondent to appoint the petitioners as Wireman in Palani Municipality.
COMMON ORDER
1. This order shall dispose of W.P.No.3663 and 3664 of 2006, as the common question of fact and law are involved in these two writ petitions.
2. For the sake of brevity, the facts have been taken from W.P.No.3663 of 2006.
3. The petitioner was appointed as Helper in the year 1989 and his services were regularised on 09.08.1990. The probation of the petitioner was declared as successfully completed on 14.01.1992.
4. The case of the petitioners is that next channel of promotion is to the post of Wireman. The petitioners being fully eligible, made representation to promote them as Wireman. But no action has been taken on their representation.
5 These writ petitions were filed in the year 2001. Therefore, the matter is being considered as per situation in the year 2001, without taking note of subsequent events.
6. The writ petitions are totally misconceived, as it is not within the jurisdiction of this Court to direct the respondent to promote the person, merely because of availability of vacancies and the petitioners are qualified.
7. It is for the employer to fill up the post. It is only when any person is wrongly ignored while filling up the post, that he can invoke the jurisdiction of this Court. In a rare case where, it is proved on record that non filling of post is on account of malafide, that Court can interfere with inaction in not filling the post. This Court in writ jurisdiction cannot regulate the functioning of the Government, by ordering promotion of the person only on the ground of a person being eligible, it is for the Govt. to decide when the post is to be illed up. No merit, dismissed.