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S. M. SUBRAMANIAM
K. Balasubramanian – Appellant
Versus
Principal Secretary to Government, Health and Family Welfare Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records in G.O.(D) No. 369 dated 30.4.2010 and vide letter No. 25427/AA2/2010-1 dated 15.4.2011 on the file of the 1st respondent and Ref.No.10149/FW/OPI/2010 dated 1.12.2011 on the file of the 2nd respondent herein and quash the same and consequently direct the 1st and 2nd respondent to give due promotions of the petitioner and to pay the monetary benefits.)
1. The order of rejection, rejecting the claim of the writ petitioner for grant of Selection Grade is under challenge in the present writ petition.
2. The writ petitioner was appointed as store-keeper under Rule 10(a)(1) of Tamil Nadu State and Sub-ordinate service rules. Subsequently, he was brought under regular establishment. A charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was issued against the writ petitioner with reference to the allegation of misappropriation and the charge against the petitioner was dereliction of duty and having not brought to the notice of the medical officer regarding the false claim made by one Mr.G.Esakkimuthu,
The eligibility for Selection Grade is contingent on the outcome of disciplinary proceedings, and the rules applicable for grant of promotions are to be applied for the purpose of grant of Selection ....
The central legal point established in the judgment is that the pendency of disciplinary proceedings and award of punishment should not bar the grant of Selection Grade/Special Grade, as per the rele....
Entitlement to selection grade promotion and bonus increment is contingent upon fulfilling the prescribed service conditions and complying with relevant government orders.
The main legal point established in the judgment is that the petitioners were not entitled to claim any further benefits as per the government order, as the said benefits were already implemented by ....
The disciplinary authority has the discretion to assess the evidence and form an opinion on the nature of the allegations, and relief sought based on assumptions regarding the framing of charges cann....
Minor penalties cannot indefinitely defer promotions under the criteria of seniority cum merit.
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