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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
B.Gopalakrishnan – Appellant
Versus
Government Of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. challenge to the amendment affecting promotions in banks. (Para 2 , 3 , 4) |
| 2. contention regarding fairness in promotion processes. (Para 5 , 6) |
| 3. government's rationale for amendment and promotion processes. (Para 7) |
| 4. legal framework for constituting common cadre service. (Para 9 , 10 , 11 , 12) |
| 5. examination of legality of the government order. (Para 13 , 14) |
| 6. grievance over promoting opportunities under common cadre service. (Para 15 , 16) |
| 7. promotion rights under service rules clarified. (Para 17 , 18) |
| 8. promotion is not an absolute right; mere inclusion in seniority isn't a claim. (Para 19 , 20 , 21) |
| 9. service contracts protect employee benefits despite policy changes. (Para 22 , 23) |
ORDER :
S.M.SUBRAMANIAM, J.
(i) W.M.P.No.17672 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered on payment of separate Court fee.
(ii) For the reasons stated in the affidavits, W.M.P.Nos.17677 & 28227 of 2024 are ordered.
2. This batch of writ petitions on hand has been instituted either to issue a writ of declaration declaring the amendment to Rule 7(3) of the 1st respondent in G.O.(Ms)No.11, Co-operation, Food and Consumer Protection Departme
Promotion is not an absolute right; it depends on service rules and seniority-cum-merit assessment, as upheld under the Tamil Nadu Cooperative Societies Act and Articles 14 and 16, ensuring service c....
Merely reducing chances of promotion does not infringe the right to be considered for promotion, which is not a condition of service under Articles 14 and 16 of the Constitution.
Inter-se seniority between promotees and direct recruits determined by date of actual appointment to grade, not eligibility or process initiation date; direct recruits appointed earlier senior despit....
The main legal point established in the judgment is that executive instructions cannot override statutory rules, and any amendment to statutory rules must be issued by the competent authority in acco....
The provisions for a common cadre in the Tamil Nadu Cooperative Societies Act do not violate constitutional autonomy, as reasonable State regulation is permissible for effective governance.
The main legal point established in the judgment is that an employee cannot compel the employer to grant promotion if the Government's decision is supported by valid reasons and is not arbitrary.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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