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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.Saravanan, J
K.Panneerselvam, S/o.Kapali – Appellant
Versus
Managing Director, Chennai Metropolitan Water Supply and Sewerage Board – Respondent
ORDER :
C.SARAVANAN, J.
This is the 2nd round of litigation before this Court. In this Writ Petition, the petitioner has prayed for quashing entire records in the Order in Memo No.CMWSSB/P&A/RA2/36672/2013 dated 12.05.2014 on the file of the 2nd respondent and for a consequential direction to include the name of the petitioner in the panel for promotion to the post of Assistant for the year 2012- 2013.
2. Earlier, the petitioner had approached this Court in W.P.No.25292 of 2013.
3. The petitioner had given a representation dated 08.07.2013 to the 2nd respondent to include his name for promotion.
4. The said Writ Petition was disposed by this Court on 06.01.2014 with the following directions:-
“5. Considering the facts and circumstances and after hearing the submissions of both sides and pursuing the material papers, I am of the opinion that this Court cannot give a positive direction to include the name of the petitioner in the panel for the promotion to the post of Assistant for the year 2012-2013. However, in the accompanying affidavit it has been stated that the petitioner has given a representation to the second respondent on 08.07.2013. Therefore, I am of the opinion it would be app
Promotion eligibility requires strict adherence to qualifications as per regulations; subsequent qualifications do not retroactively affect eligibility.
An employee must possess the requisite qualifications at the time of publication of a promotion panel, and subsequent disqualification is grounds for exclusion.
Refusal to grant notional promotion based on superannuation deemed arbitrary; seniority and qualification recognized as fundamental rights warranting equal treatment.
The central legal point established in the judgment is that educational qualifications prescribed by government orders and upheld by Supreme Court decisions are crucial for promotions in public servi....
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