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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR, C.SARAVANAN
Tamil Nadu Generation and Distribution Corporation Limited – Appellant
Versus
K.Kalaichelvan, S/o.N.Kuppusamy – Respondent
JUDGMENT :
C.SARAVANAN, J.
This Intra-Court Appeal is preferred against the Impugned Order dated14.10.2022 passed by the Writ Court in W.P.No.17131 of 2014.
2. The said Writ Petition was filed by the Respondent herein for the following relief:-
“Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Order No.025811/275/G30/G301/2014-1 dated 17.04.2014 issued by the 2nd respondent and quash the same as being illegal, arbitrary and unconstitutional and consequently issue a direction to the 1st and 2nd respondents to grant notional promotion to the petitioner to the post of Assistant Accounts Officer on the basis of the panel dated 21.10.2008 on par with his juniors, with all attendant service benefits, within a time frame.”
3. By the Impugned Order dated 14.10.2022, the Writ Court in W.P.No.17131 of 2014 quashed the Order dated 17.04.2014 issued by the 2nd Appellant and allowed the Writ Petition filed by the Respondent/Writ Petitioner with the following observations:-
“7. By the time the Board proceedings dated 03.04.2010 was passed, the petitioner herein had reached the age of superann
Refusal to grant notional promotion based on superannuation deemed arbitrary; seniority and qualification recognized as fundamental rights warranting equal treatment.
Promotion eligibility requires strict adherence to qualifications as per regulations; subsequent qualifications do not retroactively affect eligibility.
Promotions and seniority must strictly conform to service regulations, particularly concerning departmental test qualifications, to maintain organizational integrity and prevent arbitrary favoritism ....
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
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.
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.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
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