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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. GOVINDARAJ, J.
M. Issaivanan – Appellant
Versus
Union of India, Rep. by Government of Puducherry, Chief Secretariat, Puducherry & Others – Respondents
WP Nos. 33089 of 2013, 28484 & 33301 of 2014
Decided on : 05-10-2021
Constitution of India,1950 – Article 226 – Promotion – Affidavit - Petitioner filed three writ petitions - Case of writ petitioner has a checkered history - Writ petitioner was originally engaged as daily rated NMR in respondent College with effect - He was regularized as Helper with effect and promoted as Attender with effect - Thereafter, he was promoted as Lower Division Clerk (LDC) with effect and Upper Division Clerk (UDC) with effect and Assistant -Petitioner earlier filed a writ petition in W.P. to promote him as UDC retrospectively with effect - In said writ petition, Principal of respondent college filed a sworn affidavit in the form of counter – Held, Therefore, considering totality of circumstances and failure on the part of respondents and also considering factum that inasmuch as Government has ignored length of service of candidates and departed from principle of seniority of candidates who served in same cadre while drawing up of the list of eligible candidates, and that it has committed a mistake that needs to be corrected, a direction is given to official respondents to ratify mistakes and accord promotion to petitioner taking into account his date of promotion as Attender and LDC with effect and further promotions on par with his juniors and revise seniority at all levels on par with his immediate junior and consequently, promote him on par with his junior and disburse all other attendant and monetary benefits in accordance with law within a period of three months from the date of receipt of a copy of this order - Writ petitions are disposed of with observations and directions - Consequently, connected miscellaneous petitions are closed.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to Lr.No.PEC/Estt./E7/2013/2608 dated 06.08.2013 issued by the 4th respondent and quash the same and further direct the 4th respondent to pay the arrears for the period from 16.02.2006 to 08.12.2009 and to issue revised order promoting the petitioner with effect from 16.02.2006 instead of 23.02.2006 based on the decision of the DPC meeting held on 09.12.2009.
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to act on the counter affidavit dated 06.10.2010 (Para 17(b) and (c)] filed by them in WP No.38340/2006.
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to revise the seniority list dated 21.02.2011 in Lr.No. PEC/Estt/E4/Seniority/2010/671.)
1. The petitioner filed three writ petitions in W.P.Nos.33089 of 2013 and 28484 and 33301 of 2014. The case of the writ petitioner has a checkered history.
2. The writ petitioner was originally engaged as daily rated NMR in the respondent College with effect from 01.10.1984. He was regularised as Helper with effect from 01.08.1987 and promoted as Attender with effect from 14.02.1994. Thereafter, he was promoted as Lower Division Clerk (LDC) with effect from 23.05.1996 and Upper Division Clerk (UDC) with effect from 31.10.2001 and Assistant with effect from 23.02.2006.
3. The petitioner earlier filed a writ petition in W.P.No.38340 of 2006 to promote him as UDC retrospectively with effect from 06.07.2000. In the said writ petition, the Principal of the respondent college filed a sworn affidavit in the form of counter wherein at paragraph no.17, it is pleaded as under:
a) Appointed as Attender w.e.f. 01.12.1994 and given consideration as SC candidate and made retropective effect from 01.08.1987.
b) Promoted to Lower Division Clerk with effect from 23.05.1996 and given consideration as SC candidate and made retrospective effect from 25.06.1993.
c) Promoted to Upper Division Clerk with effect from 31.10.2001 and given consideration as SC candidate and made retrospective effect from 23.05.2001.”
4. According to the petitioner, he was not given retrospective promotion as LDC with effect from 23.05.1996 and UDC with effect from 23.05.2001. Therefore, in W.P.No.28484 of 2014 he seeks implementation of promotion as sworn by the Principal of the respondent College, in the counter affidavit dated 06.10.2010 filed in WP No.38340 of 2006.
5. Since the petitioner was was deprived of monetary benefits in view of fixation of salary on notional basis, he filed the writ petition in WP No.33089 of 2013.
6. In view of the counter affidavit filed in WP No.38340 of 2006, the petitioner seeks retrospective promotion as LDC with effect from 25.06.1993 and UDC with effect from 23.05.2001.
7. Heard the submissions made on either side.
8. The admitted fact remains that the petitioner was appointed as Helper on 01.08.1987, whereas, his juniors, who were appointed in the year 1988 were appointed as Attenders in the pay scale of Rs.800-1150. The Office Order in No.PSC/PER/B1/90 of the Pondicherry Engineering College dated 26.07.1990 shows that the persons appointed in the year 1990 were given higher pay scale and higher seniority.
9. The learned Government Pleader (Pondicherry) would submit that at the relevant point of time, no recruitment rules were existing. The persons, who had higher qualification like SSLC were appointed as Attenders and the persons with lesser qualificati
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