Temporary promotion does not entitle to seniority fixation, but consideration for notional promotion for retirement benefits is warranted.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the entire records which culminated in passing the order in Letter (D) No.212 dated 11.05.2018 on the file of the first respondent, quash the same and consequently direct the respondents to fix seniority of the petitioner in the cadre of Assistant as on the date on which he was promoted / transferred to the post of Assistant, namely, 29.09.1988/01.06.1988 with all consequential service benefits like promotion up to the post of Joint Director (Administration) and monetary benefits.)

1. Writ petition has been filed in the nature of a certiorarified mandamus seeking records relating to the letter (D) No.212 dated 11.05.2018 on the file of the first respondent, Secretary, Revenue Department, Government of Tamil Nadu and quash the same and direct the respondents to fix seniority of the petitioner in the cadre of Assistant on the date on which he was promoted / transferred to the post of Assistant, namely, 29.09.1988 / 01.06.1988 with consequential service benefits, like, promotion up to the post of Joint Director (Administration) and monetary benefits.

2. The petitioner had been originally appointed as Stenotypist on 13.01.1984 on temporary basis. His services were regularized from 25.06.1984. He passed the departmental test between 1987 and 1988. He also underwent the survey training programme for 28 days between 02.03.1988 and 29.03.1988. He was temporarily promoted as Assistant on 29.09.1988. On 03.06.2009, he was promoted as Superintendent and he retired as Superintendent on attaining the age of superannuation on 30.04.2018.

3. The grievance of the petitioner is that having been promoted to the post of Assistant on 29.09.1988, he should be considered as having been promoted in the promotion panel, which was normally drawn in March, 1988 and should be granted all necessary benefits from that particular date of promotion / 29.09.1988. His junior had been so promoted.

4. Learned counsel for the petitioner placed strong reliance on G.O.(Ms).No.93 P&AR Department dated 08.04.1994. That particular Government Order was passed when the categories of the Typist and Steno-typist were split into two separate categories Typist and Steno-typist. It must also be kept in mind that for the further promotion of Assistant, the feeder categories were Stenotypist and Junior Assistant. The ratio in which such promotion given was 4 : 1, namely, four Junior Assistant and one Steno-typist. The petitioner claimed that one post of Steno-typist.

5. According to learned counsel for the petitioner, the services of the petitioner was very parallel to another Junior Assistant / S.K.Fathima. He, therefore, claims that the junior had retired as Joint Director, amd since the petitioner had not been considered in the promotion panel drawn in March 1988, he unfortunately had to retire only as Superintendent. It is this factor, which has necessitated filing of the writ petition.

6. The crucial facts are that for promotion as Assistant, the petitioner will also have to qualify in three separate tests, namely, the District Office Manual Paper, Survey Training Programme for a period of 28 days and Accounts Test for Sub-Ordinate Officers. These are essential to be considered for promotion as Assistant.

7. The petitioner had passed the Accounts Test for Subordinate Officers in May, 1987. He also completed the 28 days of Survey Training Programme on 29.03.1988. So far those two qualifications are concerned, it will make him eligible for consideration to that little extent for the promotion of Assistant. However, the petitioner also should pass the District Office Manual Paper. He passed that particular examination only in May, 1988. This he had passed after the crucial date for the panel to be prepared in the year 1988, which is normally prepared in March, 1988. Therefore, when the panel was drawn in March, 1988, he had not qualified in