Back
2013 Supreme(Mad) 133
Before the Madurai Bench of Madras High Court
K. RAVICHANDRABAABU, J.
G. Nagarajan
Versus
The Commissioner, Kodaikanal Municipality
W.P(MD) No. 5388 of 2007
Decided on : 07-01-2013
For the Petitioner:T. Lajapathi Roy, Advocate.
For the Respondent:S. Kadarkarai, Advocate.
Promotion to a specific post can only be made in accordance with the rules and by considering the required educational qualification for the post.
Headnote:
Promotion - Educational Qualification - The court rejected the petitioner's claim for promotion to the post of Pipeline Fitter on the ground that promotion can only be made according to the required educational qualification.
Fact of the Case:
The petitioner sought promotion to the post of Pipeline Fitter, but the claim was rejected by the respondent citing the requirement of educational qualification. The petitioner's service history and retirement were also mentioned.
Finding of the Court:
The court found no merit in the writ petition and dismissed it, stating that the promotion can only be made in accordance with the rules and by considering the educational qualification required for such post.
Issues: The issue was whether the petitioner's claim for promotion to the post of Pipeline Fitter should be considered despite not meeting the required educational qualification.
Ratio Decidendi: The court's decision was influenced by the requirement of educational qualification for the promotional post, stating that the petitioner cannot seek any promotion without equipping himself as fully qualified to such promotional post.
Final Decision: The court dismissed the writ petition, finding no merit in the petitioner's claim for promotion to the post of Pipeline Fitter.
1. The petitioner is aggrieved against the order passed by the respondent, dated 19.04.2007, whereby his claim for promotion to the post of Pipeline Fitter was rejected on the ground that the same can be done only according to the required educational qualification.
2. The case of the petitioner is that he was appointed as NMR employee in the year 1972 and thereafter, his service was confirmed in the year 1984 as 'Road Worker'. On 06.04.2007, he made an application to the respondent to give promotion to the post of Pipeline Fitter. The said application was rejecting by the respondent by passing the impugned order.
3. A perusal of the impugned order only shows that such promotion can be made only in accordance with the rules and also by considering the educational qualification required for such post. Therefore, the petitioner's claim was not considered by the respondent. At any event, the petitioner cannot seek any promotion without equipping himself as fully qualified to such promotional post.
4. It is further stated by the counsel appearing on the either side that the petitioner also retired from service in the year 2012.
5. Therefore, I find no merit in this writ petition and accordingly, the same is dismissed. No costs.
