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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.JUSTICE V.BHAVANI SUBBAROYAN, J
M.Menaka – Appellant
Versus
Secretary to Government – Respondent
ORDER
The petitioner has filed this Writ Petition seeking for an issuance of a Writ of Mandamus directing the respondents to include the petitioner's name in the panel year 2015 in appropriate place instead of 2016 panel year within a time frame to be fixed by this Court.
2. The brief facts of the case, as averred by the petitioner is as follows:-
(i) The petitioner, at present working as an Assistant in the office of the 4th respondent, under the 3rd respondent herein. In the year 2011, the petitioner was appointed as a Junior Assistant on compassionate ground due to the death of her father, namely, K.Murugesan, who was working as a Block Development Officer, Erode District. Simultaneously, the petitioner appeared in the Group IV exam conducted by the 2nd respondent and the petitioner was called for certificate verification. During certificate verification dated 19.12.2012, it was indicated by the 2nd respondent that the certificate regarding person studied in Tamil Medium (PSTM) certificate should be submitted and no objection certificate issued by the previous employment office in a proper format within 7 days and the same was submitted on 26.12.2012. The officials replied to the p
Eligibility for promotion is contingent upon timely completion of probation and requisite examinations as per service rules.
An employee under punishment on the crucial date for promotion cannot be considered for promotion, as per established policy.
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
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.
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