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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
R.M. Umayal – Petitioner
Versus
The Secretary, Department of Higher Education, Chennai – Respondent
W.P. (MD) No. 18701 of 2016
Decided On : 22-08-2024
MANDAMUS - PROMOTION - The court addressed a writ petition under Article 226 of the Constitution of India, seeking a Writ of Mandamus for the promotion of the petitioner to the post of Principal, notionally effective from the date of promotion of juniors. The court highlighted the importance of timely promotions and the right to receive due increments under the Career Advance Scheme, ultimately allowing the petitioner to represent for the unpaid increments, thereby reinforcing the principle of fair administrative action in public service promotions.
Fact of the Case:
The petitioner filed a writ petition seeking a Writ of Mandamus for promotion to the post of Principal, effective from the date juniors were promoted, and for inclusion in G.O.345 dated 28.10.2010, along with consequential monetary benefits and increments under the Career Advance Scheme.
Finding of the Court:
The court noted that the petitioner had been promoted notionally and included in the relevant government order, but the increments under the Career Advance Scheme were still unpaid. The court found no prejudice to the respondents in allowing the petitioner to seek these increments.
Issues: Whether the petitioner is entitled to the increments under the Career Advance Scheme that have not been paid despite the notional promotion to Principal.
Ratio Decidendi: The court established that the petitioner has the right to seek payment of due increments and that administrative authorities must consider such representations in a timely manner, ensuring fair treatment in public service promotions.
Result: The writ petition was disposed of, allowing the petitioner to submit a representation for the unpaid increments, with a directive for the respondents to consider it and pass final orders within a specified timeframe.
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 notice of this Court by the learned Counsel for the petitioner that subsequent to the filing of this writ petition, the petitioner has been promoted to the post of Principal, notionally with effect from the date on which the petitioner's juniors were promoted and his name has also been included in G.O.345 dated 28.10.2010. However, learned Counsel for the petitioner would submit that the increments payable to the petitioner under the Career Advance Scheme as per G.O.Ms. No. 1081 [Education (J-1) Department] dated 19.08.1989 has not been paid.
4. No prejudice would be caused to the respondents if the petitioner is directed to give a representation for the said purpose and a direction is issued to the respondents to consider the same.
5. For the foregoing reasons, this Writ Petition is disposed of, by permitting the petitioner to give a representation to the first respondent seeking for payment of two increments under the Career Advance Scheme which according to the petitioner is still due and payable within a period of two [2] weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent shall pass final orders on merits within a period of twelve [12] weeks thereafter.
6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
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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