A.JAYASIMHA Vs. MADRAS PORT TRUST

JUDGEMENT

(1.) THE petitioner has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India with the prayer for issuance of a writ in the nature of Mandamus, directing the respondents to fill up the post of Controller of Stores at Madras Port Trust on regular basis by considering the case of petitioner and grant him regular promotion with all service benefits, including monetary benefits and also award costs.

(2.) THIS Court, in exercise of jurisdiction under Section 226 of the Constitution of India on being satisfied of the existing legal right, can only direct the respondents to consider the case of petitioner in accordance with law, but cannot issue direction to promote the person with benefits ect., as prayed for in this writ petition.

(3.) THE petitioner joined the Port Trust on 31.08.1989 as Assistant Controller of Stores-Class I as a direct recruit through employment exchange. The petitioner was promoted to the post of Deputy Controller of Stores in the year 2000. The next channel of promotion from the post of Deputy Controller of Stores is to the post of Controller of Stores in the scale of Rs.17,500-22,300. The post is considered as the Head of the Stores Department and is a selection post.