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S. M. SUBRAMANIAM, C. KUMARAPPAN
Commissioner / Special Officer, Corporation of Greater Chennai, Chennai – Appellant
Versus
A. Arumugam, S/o. C. Alagesan – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[COMMON PRAYER: The Writ appeals are filed under Clause 15 of the Letters Patent to set aside the common order passed by the learned Judge in W.P. No.26498 of 2017, W.P. No.25620 of 2017, W.P. No.25619 of 2017, W.P. No.25621 of 2017 and W.P. No.26497 of 2017 dated 29.10.2018.]
A batch of intra-court appeals on hand have been instituted challenging the common order dated 29.10.2018 passed in W.P. Nos.1581 of 2019, 1582 of 2019, 1588 of 2019, 1589 of 2019 and 1595 of 2019.
2. The Writ relief sought for was to include the names of the respondents in the panel for promotion to the post of Assessor in Greater Chennai Corporation in the panel year 2015 – 2016 based on the crucial date of 01.02.2015 along with the monetary benefits.
3. It is not in dispute that the names of the respondents were not considered for inclusion in the panel years 2015-16, 2016-17 and 2017-18. However, the names of the respondents were included in the panel year 2018-19 and they were promoted to the post of Assessor.
4. The learned Senior Counsel Mr. G. Sankaran appearing on behalf of the respondents would submit that there is no infirmity in respect of the findings made in the Writ or
The punishment of censure under the Tamil Nadu Government Servants Act has a one-year effect, impacting promotion eligibility during that period.
A government servant is entitled to promotion consideration after the period of minor punishment, as imposed check periods are illegal and impermissible under statutory rules.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Promotion eligibility is contingent upon the absence of pending charges or punishments, as per service regulations.
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
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