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S. M. SUBRAMANIAM
K. Thangavel – Appellant
Versus
Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in connection with the impugned order passed by the second respondent in O.Mu.No.18467/A3/A5/2012 dated 02.11.2012 and quash the same and further direct the respondents to promote the petitioner as Sub-Registrar Grade-II and the subsequent promotion as per G.O.Ms.No.2 dated 12.03.2007 and G.O.173 dated 13.10.2010 with all consequential service and monetary benefits.)
1. The order impugned passed by the second respondent in proceedings dated 02.11.2012 is sought to be quashed in the present writ petition. Further direction is sought for to promote the petitioner as Sub-Registrar Grade-II and consequential benefits as per G.O.Ms.No.2 dated 12.03.2007 and G.O.Ms.No.173 dated 13.10.2010.
2. The petitioner states that he entered into service as Junior Assistant in the Registration Department on 21.07.1981 and his services had been regularised vide G.O.Ms.No.996 dated 25.06.1984. The petitioner was promoted as Assistant on 24.01.1994 and reached the age of superannuation on 28.02.2014 and allowed to retire from servic
The court emphasized the application of Special Rules in determining seniority and granting consequential benefits in promotion disputes.
The main legal point established in the judgment is the court's authority to direct the second respondent to pass necessary orders for the fixation of correct seniority on par with S. Shanmugam in th....
Temporary promotion does not entitle to seniority fixation, but consideration for notional promotion for retirement benefits is warranted.
Promotion cannot be claimed as a matter of right by an employee, but consideration for promotion is a Fundamental Right.
The crucial date for promotion as Sub Registrar is the date of promotion as Junior Assistant.
A writ petition becomes infructuous when the relief sought has already been granted, making further adjudication unnecessary.
Temporary promotees cannot claim seniority above directly appointed employees as per Section 47(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
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