P. Subramanian & Others v. The Chief Engineer, Highways & Rural Works Department & Another
2009-03-13
K.CHANDRU
body2009
DigiLaw.ai
Judgment The four petitions were filed by the petitioners, who are working as Assistant Engineers in the Highways and Rural Works Department. 2. The grievance of the petitioners was that the first respondent by a communication dated 15. 1997 called for the personal file of the named individuals of the 147 Assistant Engineers for his perusal. The grievance of the petitioners was that their names do not found in the said request letter and because of that when a panel for Assistant Engineer fit for promotion as Assistant Engineer for the year 1995 is prepared, their names may be omitted. Therefore, they sought to quash the said order and for a consequential direction to include the names of the petitioners in the promotion panel. 3. On the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as W.P.Nos. 28556 to 28559 of 2006. In the first case, the petitioner was already 50 years old, in the second writ petition, the petitioner was again 50 years, in the third writ petition, the petitioner was 53 years and in the fourth writ petition, the petitioner was 51 years old and therefore, by now all of them must have reached the age of superannuation. 4. In any event, the order impugned in the writ petitions is only an inter-office communication, which is not liable to be questioned. The cause of action of the petitioners will arise only when a promotion panel is made and published in the manner known to law. It is at this stage, the petitioners if there was any grievance, they can think and challenge the said official order. The inter-office communication is not liable to be challenged in a proceedings under Article 226 of the Constitution of India. 5. Hence all the four Writ Petitions are dismissed. No costs.