Eligibility for promotion is contingent upon timely completion of probation and requisite examinations as per service rules.

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 4^th respondent, under the 3^rd 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 2^nd respondent and the petitioner was called for certificate verification. During certificate verification dated 19.12.2012, it was indicated by the 2^nd 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 petitioner that the documents submitted on 26.12.2012 were not in proper format and re-submit the same documents in proper form.

(ii) Again on 29.04.2013, the petitioner submitted no-objection certificate and PSTM certificate along with one covering letter. If the 2^nd respondent officials asked this document earlier, the petitioner would have submitted the documents earlier. Therefore, the delay caused is purely happened on the negligence of duty of the concern 2^nd respondent officials, who handled the petitioner's file. Further, it was informed that the petitioner was directed to appear in person along with all requisite documents, after completion of all procedures, from 09.01.2014 onwards, the petitioner was employed in the Labour Welfare Department / 3^rd respondent.

(iii) In the year 2015 and 2016 promotion panel was issued by the 3^rd respondent, wherein the petitioner's juniors were included in the year 2015, but the petitioner's name was included in the panel year 2016. When the same was questioned, the 3^rd respondent replied that the juniors to the petitioner have completed their probation period on 15.03.2015, however, the petitioner has not completed the probation on time and hence the petitioner's requisition was rejected. The delay in submitting the non-objection certificate was not on the part of the petitioner, but the delay is on the part of the 2^nd respondent, therefore, with no other alternative remedy, the petitioner has come up with the present petition.

3. Per contra, a detailed counter affidavit is filed by the respondents wherein it is averred as follows:-

(i) The petitioner was selected as Junior Assistant by Tamil Nadu Public Service Commission for the year 2007-2008 to 2012-2013 and allotted to the 3rd respondent Department, i.e., Labour Department vide letter No. 866/PSD- D1/2013, dated 2.9.2013. The petitioner was temporarily posted as Junior Assistant in the Office of the Stamping Inspector, Dharapuram vide 2^nd Respondent proceedings No. G3/54048/2013, dated 19.12.2013 under Rule 10(a)(i) of the General Rules of the Tamil Nadu State and Sub-ordinate Services and joined duty on 9.01.2014. The 3^rd respondent fixed the combined seniority number C1223 to the petitioner along with the recruitees of the same batch of 2007-2008 to 2012-2013, vide Memorandum No. G3/35408/2017, dated 24.10.2017 as per seniority list which was received from the 2nd Respondent vide letter No 4872/PSD-H/2014, dated 16.6.2015. The petitioner joined the duty in the 3rd respondent department on 9.1.2014, the temporary service of the petitioner was regularized by the Coimbatore, Joint Commissioner of Labour, vide proceedings No A/5837/2015, dated 8.12.2015 from the date of joining i.e 9.1.2014. In the above proceedings it was clearly stated that for further pro