Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.

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 2^nd 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 be eligible for appointment to the post, unless he/she has put in not less than 5 years of service as Superintendent, the petitioner become eligible for promotion to the post of Assistant Director on completion of 5 years of service in the post of superintendent.

(ii) Even after completion of more than 33 years of service, the petitioner has been subjected to frequent transfer, while her juniors are being accommodated at the headquarters. Therefore, a representation has been forwarded to the Group Commander on 28.05.2019, however, the same was refused. The Departmental Promotion Committee held on 24.01.2020 considered the petitioner's name and found fit for inclusion in the panel for the post of Assistant Director of NCC in the order of preference as No.1 based on merit and ability as per the provisions contained in Tamilnadu Government Servants (Conditions of Service) Act, 2016. Accordingly, her name was found fit for inclusion in the panel for the year 2018-2019 with crucial date as 01.09.2017. for the said post lying vacant from 31.07.2018, thereby the minutes of the meeting held on 24.01.2020 declared her fit.

(iii) While the matter stood thus, a show cause notice on 03.03.2020 was issued alleging certain lapses while discharging her duty and she submitted a detailed reply on 17.03.2020. Subsequently, the 2^nd respondent issued a charge memo dated 05.03.2020 on different counts, served on 16.03.2020 on the premises that she had replied arrogantly. Further a detailed explanation to the said charge memo was submitted by the petitioner, the same was not considered, hence the petitioner has come up with the present petition.

3. The learned counsel for the petitioner would submit that it has been held in catena of decisions of Hon'ble Supreme Court as well as this Court that the panel has to be prepared every year for inclusion of names of the eligible persons as on the crucial date based on the estimated vacancy of the panel year, therefore, when the name of the petitioner is directed to be included in the panel for the year 2018-2019 for promotion to the post of Assistant Director, the right of promotion based on such inclusion of panel cannot be deprived by referring to the subsequent charge memo dated 05.03.2020 served on 16.03.2020 on filmsy charges.

4. The learned counsel for the petitioner in support of his contention has relied on the Judgment passed by this Court in W.A.No.1151 of 2018 dated 26.06.2018 and W.P.No.3536 of 2013 dated 14.10.2019. Hence the learned counsel for the petitioner submitted representation on 14.05.2020 to the 1^st respondent to issue necessary posting orders as Assistant Director of NCC based on 2018-19 panel by referring the fact that there is a vacancy lying from 31.07.2018 and the DPC has already submitted reports for in