Compliance with the terms and conditions of temporary promotion and probationary requirements is essential for maintaining the validity of promotions and upholding the statutory rules.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the orders in (1) Pro.Na.Ka.No.2564/Nir.3(5)/2014 dated 04.09.2014 of the first respondent and (2) Pro.Na.Ka.No.106/A1/2014 dated 11.04.2014 issued by the 2nd respondent, to quash the same in so far as it is related to the petitioner and to issue consequential directions to the respondents to permit the petitioner to continue to serve as Supervisor, Grade-I and to draw the pay and allowances admissible for the post.)

1. The order of reversion, reverting the writ petitioner from the post of Supervisor, Grade-I to the Post of Multi-purpose Health Worker is under challenge in the present writ petition.

2. The petitioner states that she was promoted from the post of Multi-purpose Health Worker to the post of Supervisor Grade-I on temporary basis. The petitioner was informed that she should pass the prescribed departmental test within a period of probation in the promoted post of Supervisor Grade-I. Admittedly, the petitioner had not passed the requisite departmental test within the period of probation and therefore, the respondents issued the impugned order, reverting the writ petitioner from the promotion post.

3. According to Rule 26(b) of the Tamil Nadu State and Subordinate Service Rules, in case the petitioner fails to pass any of the tests or examinations for which he has so appeared, the appointing authority shall by order, discharge him from the service.

“Explanation:- The maximum period up to which the probation of a Government servant shall be extended so as to enable him to acquire the test qualification be fixed as five years. If he does not acquire the test qualification even within the maximum period of five years, he shall be reverted and the qualified and eligible juniors shall be considered for promotion. If such a person is appointed by direct recruitment and has not acquired the test qualification even within the maximum period of five years, his probation shall be terminated.”

4. Perusal of Rule 26(b)(ii) is clear that “if within the period of probation prescribed in the special rules for the service or within the extended period of probation, as the case may be, a probationer has appeared for any such tests or for any examinations in connection with the acquisition of any such qualifications and the results of the tests or examinations for which he has so appeared as not known before the expiry of such period, he shall continue to be on probation until the publication of the results of the tests or examinations for which he has appeared or the first of them in which he fails to pass, as the case may be. In case the probationer fails to pass any of the tests or examination for which he has so appeared, the appointing authority shall, by order, discharge him from the service.”

5. Therefore, the rule is very clear and the authorities have acted in accordance with the Rules. In the present case, admittedly the petitioner had not cleared the test within the period of probation as contemplated under the Rules stated supra. The respondents have initiated action by invoking the said Rule and issued notice to the writ petitioner and by affording an opportunity issued the final order discharging her services.

6. Question arises, whether the High Court by exercising the power of judicial review under Article 226 of the Constitution of India can undo the exercise of an authority which is otherwise in accordance with the statutory rules in force. Misplaced sympathy or leniency in such matters would lead to bad precedent and result in invalidating the rules, which is otherwise constitutional or to be scrupulously followed by the authorities. Therefore, the power of judicial review cannot be extended for the purpose of diluting or invalidating the service rules which is force. No inefficiency must be crept in the public administration as the efficiency in public ad