Back
S. M. SUBRAMANIAM, K. RAJASEKAR
C. Anand – Appellant
Versus
Registrar General, High Court of Madras, Chennai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in connection with the impugned notification no.171 dated 24.07.2022, in respect of Salem District, and quash the same, consequently direct the respondents to promote the petitioners to the post of Junior Bailiff, Xerox Operator, Examiner, Reader and Senior Bailiff in Salem District according to their educational qualification, experience certificate and service seniority by considering the petitioners common representation dated 12.092022.)
1. The Recruitment Notification No.171 of 2022 dated 24.07.2022 published for direct recruitment to the posts of Examiner, Reader, Senior Bailif, Junior Bailiff, Xerox Operator and Lift Operator in the Sub-ordinate Judicial Service is under challenge in the present writ proceedings.
2. The writ petitioners were appointed to the post of Office Assistants on 12.02.2018. The petitioners are continuing in the Judicial Department for about 6 years
The main legal point established in the judgment is that the right to promotion or appointment by way of transfer of service accrues to employees only when an administrative decision is taken to fill....
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
The absence of a prescribed ratio for filling up vacant posts does not violate fundamental rights if the service conditions of the petitioner have not been altered to his detriment.
A completed recruitment process cannot be challenged unless there are legal violations in the appointment orders.
Rule 3(g) of Tamil Nadu Ministerial Service Rules interpreted disjunctively; satisfaction of either limb (no promotional avenues or lower pay) suffices for recruitment by transfer.
The post of Tracer must be filled by direct recruitment as per the 1979 Rules, and the petitioner was ineligible for promotion from the post of Peon.
Promotions must respect established recruitment rules and rights to vacancies depend on inclusion in a valid rank list at the time of vacancy occurrence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
