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 Vehicles Inspector Grade I at Regional Transport Office, Kancheepuram, there was an inspection by the Vigilance and Anti Corruption Department, who conducted a surprise check. It was found that an unaccounted amount of Rs.75,565/- was available in the premises of the Regional Transport Office at Kancheepuram. The petitioner was then issued with a Charge Memo on 20.01.2014 along with others. The Disciplinary Proceedings moved in a very slow phase and finally, on 10.04.2017, a punishment was imposed of stoppage of increment for one year without cumulative effect.

4. The learned counsel for the petitioner contended that this order of punishment would come into effect from 01.10.2017 and would be in force till 30.09.2018. The punishment is not questioned before this Court. The promotion panel to the next post of Regional Transport Officer [Category-II] was prepared in the year 2017-18. This particular panel was prepared on 03.12.2018. It is contended by the learned counsel for the petitioner that on 03.12.2018, the punishment had been completed by 30.09.2018. It is therefore contended that the petitioner should be included in the panel for consideration of promotion.

5. It is also further contended by the learned counsel for the petitioner that in this particular panel, the name of the petitioner was found. But it was also remarked that there was a currency of punishment. This list was actually approved only on 08.03.2019. It is therefore, further contended that on the date of approval, the period of punishment had been completed and therefore, the petitioner should be included in the panel for the year 2017-18.

6. In this connection, the learned counsel places reliance on Schedule XI – Preparation of Panels under the Tamil Nadu Government Servants [Conditions of Service] Act, 2016. He specifically places reliance on Clause 13 which is as follows:-

''''13.If a member of service is imposed with punishment for irregularities or delinquencies that were committed five years prior to the crucial date, his name shall be considered for promotion of appointment to a post. If the member of service is not undergoing such punishment on the crucial date or on the date of consideration for actual promotion.''''

7. It is the contention of the learned counsel for the petitioner that the delinquency was committed five years prior to the date on which the panel for promotion was prepared. It is therefore contended that since, the petitioner was not undergoing such punishment on the crucial date or on the date of consideration for actual promotion, then his name should be included in the panel. The learned counsel further contended that the promotion panel was approved only on 08.03.2019, on which date, the punishment had already been suffered by the petitione