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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.J. Nisha Banu, Mrs.S. Srimathy, JJ
Transport Commissioner, Chepauk, Chennai – Appellant
Versus
R. Ravichandran – Respondent
JUDGMENT :
(S. SRIMATHY, J.)
The writ appeal is filed by the respondents in the writ petition against the order, dated 30.07.2024, passed in W.P.(MD)No.6058 of 2024.
2. The writ petition was filed for issuance of Writ of Certiorarified Mandamus, to quash the deferred list published by the 1st respondent, dated 19.02.2024, in so far as the petitioner is concerned and consequently, to direct the respondents to promote the petitioner as Superintendent on par with his batch mates for the panel year 2016-2017 taking into account of the crucial date, i.e., on 15.03.2016 since there was no pending charge memo and currency of punishment and without reference to the subsequent charge memo issued under 17(b), dated 03.06.2020, in terms of Section 7, Schedule XI Part A of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
3. The brief facts as stated in the writ petition are that the writ petitioner was in the list as on the crucial date 15.03.2016 for promotion and there was no charge pending against the writ petitioner, but the respondents deferred the petitioner’s name in the promotional panel for the year 2016-2017 by citing a charge memo, dated 03.06.2020, which is subsequ
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.
Relinquishment of a right or privilege for promotion must be evaluated based on the state of affairs at the expiry of the relinquishment period, affecting eligibility for promotion.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Knowledge of a pending charge sheet against an employee suffices for exclusion from a promotion panel, regardless of whether the charge sheet has been formally filed in court, per Sections II (4) and....
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
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