Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE RMT.TEEKAA RAMAN, J
P. Sivaprakasam – Appellant
Versus
Tamil Nadu Civil Supplies Corporation Ltd. – Respondent
ORDER :
1. This writ petition has been filed calling for the records relating to the panedl made in Proc.No.AE4/51397/2013 dated 22.01.2014 by the 1st respondent and the consequential orders made in Na.Ka.No.E1/2978/2013 dated 12.11.2014, Na.Ka.No.E1/2978/2013 (i) dated 13.11.2014, Na.Ka.No.E1/2978/2013/(ii) dated 13.11.2014 and Na.Ka.No.E1/2978/2013 (iii) dated 13.11.2014 passed by the 2nd respondent so far it is against the petitioner and quash the same and consequently direct the respondents to include the name of the petitioner at appropriate place in the panel of Superintendent for the year 2013 published in Proc.No.AE4/51397/2013 dated 22.01.2014 published by the 1st respondent and promote the petitioner to the post of Superintendent with all attendant benefits.
2. The factual matrix of the case is as under:-
(a) The petitioner was originally appointed as Bill Clerk on 19.04.1984 in Civil Supplies Corporation, Erode and subsequently promoted as Junior Assistant on 21.02.1997. His name was included in the panel of Junior Assistant and Typist vide office proceedings dated 22.12.2009 and he was promoted as Assistant on 26.03.2010.
(b) According to the petitioner, on 12.02.2010, char
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.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
