Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.

JUDGMENT :

ANITA SUMANTH, J.

Prayer : Writ Appeal filed under Clause 15 of Letters Patent against order dated 30.06.2021 made in W.P.No.28886 of 2019.

The State is in appeal as against the order of the learned single Judge dated 30.06.2021. We have heard Mrs.Yamuna Devi, learned Special Government Pleader for the appellants and Ms.Dakshayani Reddy, learned Senior Counsel appearing for M/s. C.S.Associates, learned counsel for the respondent.

2. The facts giving rise to the filing of the Writ Petition by the respondent/Writ Petitioner (hereinafter referred to as ‘respondent’/’writ petitioner’/’petitioner’) are as follows:

The petitioner had joined as Typist in the Rural Development and Panchayat Raj Department in 1972. He moved through the ranks and on 21.06.2001, was posted on promotion as Deputy Block Development Officer at the Thiruvallur Collectorate. He was further promoted to the post of Block Development Officer on 08.01.2003 and posted in Villupuram block, transferred to the Poonamallee block on 07.06.2007.

3. The crucial date for drawing of panel for the Rural Development and Panchayat Raj Department is 01.03.2011. There were some delays in the preparation of the seniority list on account of the litigation that had been pending before the Tamil Nadu Administrative Tribunal as well as the High Court at the instance of various employees, and ultimately when the inter se seniority list in the cadre of Block Development Officer (BDO) was settled for promotion to the post of Assistant Director (AD), the Writ Petitioner was accorded the rank 2973A.

4. To be noted, that each district comprises one unit upto the level of BDOs and thereafter the cadres are integrated and drawn into a unified State cadre for the subsequent posts from AD onwards.

5. Based on the seniority list published on 23.09.2009, the Writ Petitioner was promoted to the post of AD with effect from 12.03.2010 and assumed charge. It was only upon coming to join the post that the Writ Petitioner came to aware of certain discrepancies in promotion as one of his juniors had been accorded promotion in the cadre of AD in 2007 itself.

6. He thus sought notional promotion from that date being conscious of the Rule that promotion for a period when the candidate has not worked in that post can, at best, only be notional. A representation was made on 06.05.2010 and the District Collector, Villupuram had recommended the same by way of a communication dated 17.06.2010.

7. Since no orders had been passed on his representation, the petitioner approached this Court in W.P.No.155 of 2013 seeking the prayer of inclusion of name in the panel for 2011-12 for the post of Joint Director (JD). His prayer was based on the fact that had he been promoted as AD from 2007 on par with his junior, his name would have found inclusion in the panel 2011-12 for the post of JD. Ultimately and pending W.P.No.155 of 2013, the District Collector, Villupuram recommended his name for inclusion for the post of JD by way of proceedings dated 14.08.2014.

8. Based on those proceedings, W.P.No.155 of 2013 came to be closed on 29.08.2018. The petitioner was aggrieved with the fact that there was no progress made in the matter even after recommendation of the District Collector and had filed a Writ Petition in W.P.No.27621 of 2016 seeking a mandamus directing the respondents to pass orders on the proposal of the District Collector for inclusion of his name in the list for appointment in the post of JD.

9. The Writ Petition was ordered on 14.12.2018 directing the respondents to dispose the representation within a time frame fixed by the Court. The representation had come to be rejected by order dated 22.06.2019 on the ground that at the time of drawal of the panel for JD in the year 2011-12, the question of considering the Writ Petitioner for promotion did not arise as he had superannuated on 30.06.2011. That order had come to be challenged by way of W.P.No.28886 of 2019.

10. After completion of pleadings, the Writ Court