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S. M. SUBRAMANIAM, C. KUMARAPPAN
Director of College Education – Appellant
Versus
S. E. Suresh – Respondent
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to allow the writ appeal and to set aside the order dated 17.08.2021 made in W.P.No.31712 of 2019 on the file of this Court.
The facts are not in dispute. The 1st respondent Mr.S.E.Suresh/writ petitioner was notionally promoted to the post of Assistant with effect form 24.06.2005. Subsequently, he was promoted as Superintendent with effect from 20.03.2013. One Smt.S.Kalpana was promoted as Superintendent on 05.12.2013 subsequently after the promotion of the writ petitioner. Thus, the seniority of the petitioner in the post of Assistant and Superintendent was placed above the said Smt.S.Kalpana.
2. The 1st respondent was appointed to the post of Junior Assistant on compassionate grounds. His probation was declared on completion of two years of probation period on 24.02.2009 vide G.O.Ms.No.29, High Education Department. Since there was a delay in sending the 1st respondent to undergo Bavani Sagar Training, his promotion was delayed. Such an administrative delay cannot be a ground to deny promotion to the 1st respondent on par with his juniors, who were promoted to the po
Administrative delays in service regularization do not preclude rightful promotions based on established seniority.
Seniority and promotion are to be determined based on the actual date of appointment, and a deemed date cannot be given for the period the candidate was not born in the service.
Promotion cannot be claimed as a matter of right by an employee, but consideration for promotion is a Fundamental Right.
The right to promotion and seniority under the Special Rules must be upheld, ensuring eligible candidates are prioritized over direct recruits.
An employee cannot be denied promotion and seniority due to the unjustified delay on the part of the government.
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
Consideration for promotion is a fundamental right of an employee, and once retrospectively promoted, the benefit of the retrospective promotion should be extended for further promotion.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
Settled seniority cannot be disturbed after a significant delay without timely objections to established seniority listings.
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