The main legal point established in the judgment is that while the promotions made in 2016 need not be quashed, the Petitioner's legitimate grievance should have been addressed, leading to the setting aside of the rejection order and granting the Petitioner leave to submit a fresh representation for notional promotion and re-fixation of seniority.

JUDGMENT :

Senthilkumar Ramamoorthy, J.

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus calling for the records on the file of the first Respondent in (i) proceedings in ROC No.1338/2017/RG/B2 dated 18.12.2019 and (ii) the proceedings issued in ROC No.08/2016 -Con.B2 dated 29.04.2016 made in Notification No.62 of 2016 to the limited extent of non promotion of the Petitioner and the promotion of the second Respondent therein and quash the same and direct the first Respondent to declare that the Petitioner is deemed to have been promoted to category 6 “C” post with effect from 29.04.2016 and reckon his seniority being the feeder category post for promotion to the post of Assistant Registrar in category 5 with effect from 29.04.2016 and to promote the Petitioner as Assistant Registrar, notionally with effect from 17.11.2017 and grant him all consequential benefits.)

1. This writ petition is filed to quash the notification No.62/2016 to the limited extent of non promotion of the Petitioner and the promotion of the second Respondent; quash the order dated 18.12.2019 rejecting the Petitioner’s representation in this regard; and to grant notional promotion to the Petitioner to a Category 6-C post from 29.04.2006 with consequential benefits. The Petitioner is currently working as an Administrative Officer, High Court, Guest House, Chennai. He was initially appointed as an Office Assistant in the Madras High Court Registry on 07.10.1988 and thereafter promoted to the post of Assistant on 30.04.1993. Upon successfully passing the departmental examinations, he was promoted as Assistant Section Officer on 15.04.1998 and as Section Officer on 18.03.2004. Thereafter, he was promoted as Sub-Assistant Registrar on 28.02.2017, transferred to the Madurai Bench of the Madras High Court on 17.09.2017 and, subsequently, promoted as Assistant Registrar in December 2018. According to the Petitioner, he possesses all the requisite educational qualifications, namely, B.A., B.A.L. and B.LI.S., to have been considered for promotion as Librarian on 29.04.2016. Therefore, he was under the bona fide belief that he would be duly promoted to the post of Librarian.

2. The Petitioner states that the Madras High Court Service Rules, 1955 (the 1955 Service Rules) were in force until 30.11.2015. The 1955 Service Rules were repealed and replaced by the Madras High Court Service Rules, 2015 (the 2015 Service Rules) with effect from 01.12.2015. Rule 14 of the 2015 Service Rules deals with promotion and Sub-Rule (m) to the post of Librarian in Category 6-C of Division-I. The said Sub Rule reads as under:

“Promotion to Category-6C of Division-I viz, Librarian shall be from Category 1 of Division II viz., Court Officer/Section Officer/Appeal Examiner, including Section Officer (Property), Court Fee Examiner, Deputy Sheriff and Liaison Officer(Protocol); Category -2 of Division-II viz, Senior Private Secretary to Hon’ble Judges/Private Secretary to Hon’ble Judges/Personal Assistant to the Hon’ble Judges including Personal Assistant to the Hon’ble Chief Justice and Private Secretary to the Hon’ble the Chief Justice; Category-3 of Division-II viz. Interpreter and Category-4 of Division-II viz, Private Secretary to the Registrar General.

The ratio of 2:1 shall be adopted while making promotion to Category 6-C of Division-I viz. Librarian among the categories 1 and 2 of Division-II viz, Court Officer/Section Officer/Appeal Examiner, including Section Officer(Property), Court Fee Examiner, Deputy Sheriff and Liaison Officer (Protocol) and Senior Private Secretary to Hon’ble Judges/Private Secretary to Hon’ble Judges/Personal Assistant to the Hon’ble Judges including Personal Assistant to the Hon’ble the Chief Justice and Private Secretary to the Hon’ble the Chief Justice, respectively.”

There were 5 vacancies in the post of Librarian and the said vacancies were filled up on 29.04.2016 pursuant to the Notific