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I. Rufus v/s The Union of India rep. By Director of Personal/CSCC, Military Engineer Services, Engineer-in-Chief's Branch New Delhi & Others

    Writ Petition No. 15389 of 2010

    Decided On, 11 November 2013

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR & THE HONOURABLE MR. JUSTICE R. MAHADEVAN

    For the Petitioner: R.S. Anandan, Advocate. For the Respondents: R1 & R2, E. Arasu, CGSC, R3, Tribunal.



Judgment Text

(Prayer: Petition under Article 226 of the Constitution of India, for the issue of a writ of Certiorarified Mandamus calling for the records relating to the order passed in O.A. No.444/09 dt 25.1.2010 and in R.A. No.5/2010 dated 1.3.2010 by the Central Administrative Tribunal, Chennai Bench and the records of the respondent I herein in S.R.O. 45 dated 6.5.2008 the amended Military Engineer Services, Junior Engineer (Civil) and Junior Engineer (Electrical and Mechanical) recruitment (Amended) Rules, 2008 dated 6.5.2008 and quash the rule 3 of the Military Engineer Services, Junior Engineer (civil) and Junior Engineer (Electrical and mechanical) recruitment (Amended) Rules 2008 insofar as prescribing the eligibility criteria for promotion to the Junior Engineer post under 20% quota for the departmental candidates in column 12 with candidates working in highly skill holding qualification as indicated in column 8 with eight years regular service in Highly skilled grade failing which sixteen years regular combined service in the Grade of Highly Skilled and Skilled failing both skilled holding qualification as indicated in Column 8 with Sixteen years regular service in the Grade failing both by direct recruitment is concerned and consequently fill up the vacancies by following SRO 78 dated 30.4.2001.)

N. Paul Vasanthakumar, J.

1. Heard Mr.R.S.Anandan, learned counsel for the petitioner and Mr.E.Arasu, learned Standing counsel for the first and second respondents.

2. This Writ Petition is filed to quash the order made in Original Application No.444 of 2009 dated 25.1.2010.

3. The learned counsel for the petitioner during the course of the argument submitted that he is not pressing the prayer in the Writ Petition and the petitioner submitted a representation through proper channel on 26.10.2013 seeking relaxation of Military Engineering Services Recruitment Rules for the post of Junior Engineer so as to confer him appointment to the said post and as per Rule 5 of the Military Engineer Services, Junior Engineer (Civil) and Junior Engineer (Electrical and Mechanical), Recruitment (Amendment) Rules, 2008, there is a power to relax the Rules and therefore the first respondent may be directed to consider the said representation seeking relaxation.

4. The said submission made by the learned counsel for the petitioner is recorded. This Writ Petition is disposed

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of with a direction to the first respondent to consider the said representation of the petitioner on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
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