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ABDUL QUDDHOSE
R. M. Umayal – Appellant
Versus
Secretary, Department of Higher Education, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents to promote the petitioner to the post of Principal notionally with effect from the date on which the petitioner's juniors were promoted and consequentially to include petitioner's name in the G.O.345 dated 28.10.2010 issued by the first respondent and confer all other consequential monetary benefits applicable in promotion along with the due Career Advance Scheme two increments pending for the petitioner and in her retirement benefits within a time frame fixed by this Court.
1. This Writ Petition has been filed for a Mandamus, to promote the petitioner to the post of Principal notionally with effect from the date on which the petitioner's juniors were promoted and consequentially to include petitioner's name in the G.O.345 dated 28.10.2010 issued by the first respondent and to confer all other consequential monetary benefits applicable in promotion along with the due Career Advance Scheme two increments pending for the petitioner and in her retirement benefits.
2. Counter affidavit has also been filed by the respondents.
3. It is brought to the n
The right to timely promotion and payment of due increments under the Career Advance Scheme is essential for fair administrative action in public service.
The main legal point established is that promotions to the post of Secondary Grade Headmaster are based on seniority, as per the directions issued by the court.
The court established that procedural deficiencies in employment benefit proposals must be rectified and resubmitted for timely consideration, ensuring compliance with legal standards.
Promotion cannot be claimed as a matter of right by an employee, but consideration for promotion is a Fundamental Right.
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