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S. M. SUBRAMANIAM, C. KUMARAPPAN
Principal Secretary to Government, Personnel and Administrative Reforms Department – Appellant
Versus
J. Lalitha, Section Officer, Environment and Forests Department – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 01.12.2020 passed in W.P.No.25071 of 2014.
The State preferred the present intra-court appeal challenging the writ order dated 01.12.2020 in W.P.No.25071 of 2014.
2. The ground raised by the State for assailing the writ order would be that the respondent did not possess the requisite educational qualification of degree for promotion to the post of Under Secretary to the Government. The feeder category for promotion to the post of Under Secretary is Section Officer. Admittedly, the respondent is holding the post of Section Officer, Environment and Forests Department, Secretariat. The approved regular Panel for promotion to the post of Under Secretary was published by the Government in letter dated 22.06.2012. Since the respondent has not possessed the educational qualification prescribed in the Rules, her name had been deferred in the Panel of the year 2011-12.
3. The governing principles for grant of promotion are that:
ii. Consideration for promotion is a fundamental right of an employee.
iii. The Authorities co
Accrued benefits on the employee prior to the changing of the Rule cannot be denied. The right accrued on the employees cannot be denied due to the wrong application of the Rule.
An employee must possess the requisite qualifications at the time of publication of a promotion panel, and subsequent disqualification is grounds for exclusion.
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
The eligibility criteria for promotional posts must prioritize qualifications and experience over the current position held, as per legislative provisions, allowing candidates to apply irrespective o....
The Circular dated 28.03.1985 prescribes both educational qualifications and experience as essential for the post of Superintendent, and temporary appointments cannot enforce regular promotions witho....
Promotion – Denial of promotion when there was no impediment for promotion by selection is untenable.
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