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S. M. SUBRAMANIAM
V. Ramamoorthy – Appellant
Versus
State of Tamil Nadu, Represented by 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 of the order passed by the third respondent in Ref.No.O.Mu.No. 11944/AA5/2014 dated 30.03.2015 and quash the same to the extent of cancellation of bonus increment and consequently direct the respondents to sanction the selection grade promotion in the post of B.T. Assistant from 01.10.2008.)
1. The order of rejection dated 30.03.2015, rejecting the claim of the writ petitioner for Selection Grade promotion to the post of B.T. Assistant from 01.10.2008, is under challenge in the present writ petition.
2. The writ petitioner was appointed as Secondary Grade Teacher at Panchayat Union Primary School, Puthupalayam, Cuddalore District, on 14.11.1977. The petitioner states that he continued as a Secondary Grade Teacher for about 30 years continuously and he was stagnated in the said post beyond the period of 30 years. Therefore, the petitioner is entitled for stagnation increment/bonus increment as per the Government Order. The petitioner was promoted to the post of B.T. Assistant on 14.07.2008. The petitioner submitt
Entitlement to selection grade promotion and bonus increment is contingent upon fulfilling the prescribed service conditions and complying with relevant government orders.
The concept of granting selection grade and special grade should not be tampered with and that teachers are either eligible for promotion or for Selection/Special Grade, not both.
Promotion rights cannot be presumed relinquished without evidence, despite junior promotions, especially when no disciplinary actions are taken.
The main legal point established in the judgment is that the service rendered in an equivalent post should be taken into consideration for the award of Selection Grade, especially when the conversion....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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 ....
Continuing wrong exception to laches permits belated Selection Grade claim for pension benefits post-school closure absorption.
The main legal point established in the judgment is that the entitlement to selection/special grade for government employees is based on stagnation in the same post without promotion for a certain pe....
The court held that the petitioner is entitled to the second selection grade based on service counted from the date of initial appointment, affirming the legality of benefits from that date.
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