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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.V.BHAVANI SUBBAROYAN, J
M.Bhuvaneswari – Appellant
Versus
State of Tamilnadu – Respondent
ORDER :
V.BHAVANI SUBBAROYAN, J.
This Writ Petition has been filed to issue a Writ of Mandamus directing the respondents to grant promotion to the petitioner to the post of Assistant Director in NCC on inclusion of her name in the 2018-2019 panel based on the report of the Departmental Promotion Committee, [hereinafter referred to as DPC] meeting held on 24.01.2020 without reference to the subsequent charge memo issued by the 2nd respondent in Memorandum no.1332/SC/MB dated 05.03.2020 served on 16.03.2020 with all consequential and other benefits to the petitioner within a time frame to be fixed by this Court.
2. The brief facts of the case, as averred by the petitioner, are as follows:-
(i) The petitioner was initially appointed as Junior Assistant in Tamilnadu Ministerial Service through Tamilnadu Public Service Commission on 01.04.1987 and posted in National Cadet Corps (NCC) Department. Subsequently, based on her seniority and eligibility, she was promoted as Assistant on 23.03.1993 and further promoted as Superintendent on 16.05.2005, conferred as Selection Grade Superintendent in the year 2015. The next avenue of promotion is to the post of Assistant Director, since no person can
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
An employee under punishment on the crucial date for promotion cannot be considered for promotion, as per established policy.
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
Promotion eligibility is contingent upon the absence of pending charges or punishments, as per service regulations.
Eligibility for promotion is contingent upon timely completion of probation and requisite examinations as per service rules.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
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