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C. V. KARTHIKEYAN
P. Nagarajan – Appellant
Versus
State of Tamil Nadu rep. by its Additional Chief Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to temporarily promote the petitioner to the post of Regional Transport Officer as per seniority under Section 47[1] of the Tamil Nadu Government Servants [Conditions of Service] Act, 2016, entitling all service and monetary benefits.)
1. The writ petition has been filed in the nature of a mandamus seeking a direction to the 1st respondent, Additional Chief Secretary to Government, Home [Transport II] Department, at Chennai, to temporarily promote the petitioner to the post of Regional Transport Officer as per seniority and thereby entitling the petitioner for all service and monetary benefits.
2. The petitioner was originally appointed as Motor Vehicles Inspector Grade-II in the Transport Department on 07.12.2000 by selection made by the Tamil Nadu Public Service Commission. He was then promoted s Motor Vehicles Inspector Grade I on 09.06.2007. On the date of filing of the writ petition, he was working as Motor Vehicles Inspector Grade I at Regional Transport Office at Tambaram.
3. In the year 2011, when he was working as Motor V
Pending disciplinary proceedings justify deferment of promotion without violating employee rights.
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
A government servant is entitled to promotion consideration after the period of minor punishment, as imposed check periods are illegal and impermissible under statutory rules.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
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