Case Note & Summary
The petitioner, J. Theodar Livingston, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Madras, seeking a writ of mandamus directing the Principal Secretary to Government, Municipal Administration and Water Supplies Department, to regularize his service in the post of Assistant Executive Engineer (Electrical) from the date of his promotion, i.e., 02.12.2020, by considering his representation dated 15.04.2024. The petitioner had been promoted to the said post, but his service remained unregularized, prompting him to make a representation for regularization. The matter came up for hearing before a Division Bench consisting of Justice S.M. Subramaniam and Justice K. Rajasekar. During the hearing, the learned Senior Counsel for the petitioner submitted that the Commissioner, Greater Chennai City Corporation, in the counter affidavit filed on 13th December 2024, had stated that the petitioner's case would be considered for promotion to the post of Assistant Executive Engineer (Electrical) after vacating the status quo as per seniority, and it was needless to state that all promotions are to be granted in accordance with the rules. The court, accepting this submission, found that no further consideration of the grounds raised in the writ petition was required in light of the corporation's undertaking. Consequently, the writ petition was disposed of without any costs. The court did not record any detailed factual background or legal arguments beyond the submission of the petitioner's counsel and the contents of the counter affidavit. The decision effectively left the matter to be dealt with by the corporation in terms of its own assurance, without granting any specific direction for regularization. The judgment is a brief, non-speaking order that ends the litigation with a consensual disposal.
Headnote
A) Service Law - Promotion - Regularization from Date of Promotion - Constitution of India, Article 226 - The petitioner sought a writ of mandamus directing the first respondent to regularize his service in the post of Assistant Executive Engineer (Electrical) from the date of promotion, i.e., 02.12.2020, by considering his representation dated 15.04.2024. The Commissioner, Greater Chennai Corporation, in the counter affidavit, stated that the petitioner's case would be considered for promotion after vacating the status quo as per seniority, and that promotions must be in accordance with rules. Held, in view of this submission, no further consideration of the grounds raised in the writ petition was required; the writ petition was accordingly disposed of with no costs. (Paras 1-2)
Issue of Consideration
Whether the writ petition should be allowed given the corporation's counter affidavit statement that the petitioner's case would be considered for promotion after vacating the status quo as per seniority
Final Decision
The writ petition is disposed of in view of the submissions recorded. No costs.
Law Points
- All promotions are to be granted in accordance with the rules
