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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE MUMMINENEN SUDHEER KUMAR, J
C.Babu Hariharan – Appellant
Versus
Chief Secretary to Government – Respondent
ORDER :
The short question that would arise for consideration in this writ petition is as to whether the petitioners herein who are all working as Lab Assistants in Tamil Nadu General State and Subordinate Services are entitled for consideration of their cases for appointment by transfer to the post of Junior Assistant, Junior Assistant-cum-Typist or Typist in terms of Clause (g) of Rule 3 of Tamil Nadu Ministerial Service Rules or not? All the petitioners herein were initially engaged for census work and thereafter, by virtue of the orders passed by the Hon'ble Apex Court, they were all appointed as Office Assistants in the State and Subordinate Service during the year 1997 and thereafter, they were promoted to the post of Lab Assistants during the year 2012. From the year 2012 onwards, all the petitioners have been continuing as Lab Assistants and they all were extended the benefit of Selection Grade etc., on completion of fixed number of years of service in the post of Lab Assistant, due to stagnation in the said post for long period.
2. Heard Mr.R.Singaravelan, learned Senior Counsel assisted by Ms.M.Srividhya, learned counsel for the petitioners and Mr.K.H.Ravikumar, learned Gov
The right to consideration for promotion under Rule 3(g) of Tamil Nadu Ministerial Service Rules is a fundamental right for employees with no promotional avenues.
Promotion from Laboratory Assistant to Junior Assistant is permissible under applicable rules and government orders, regardless of equal pay.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
Promotions from Laboratory Assistant to Typist and Junior Assistant are valid under statutory rules, irrespective of equal pay, and cannot be denied based on non-statutory circulars.
Employees who voluntarily accept transfer conditions forfeiting seniority cannot later claim it, as their seniority is maintained division-wise under applicable service rules.
Promotion - whether or not the persons are in service for requisite length to acquire the graduation qualification is not a relevant consideration. What is relevant is that they must acquire the qual....
Employment and Service matter - Assistant Engineers - Appointment of - Provisions of ‘Appointment by Transfer’ was restricted to count one third of service rendered by Junior Engineers prior to appoi....
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