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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN, J
H.Imthiaz Ahmed – Appellant
Versus
Principal Secretary to Government, Home (Prison-I) Department – Respondent
ORDER :
C.SARAVANAN, J.
This Writ Petition was allowed in the Open Court on 05.02.2025. However, while correcting it in Chambers, it was realized that the decisions cited by the learned counsel for the petitioner which has been referred to in the succeeding paragraphs of this order are irrelevant and not applicable to the facts of this case. Therefore, the order that was passed on 05.02.2025 was recalled and listed “for clarification” today i.e., on 20.02.2025 and therefore a different conclusion is arrived by dismissing this Writ Petition.
2. The petitioner is before this Court against the Impugned Order dated 15.10.2014 passed by the respondent, wherein, the request of the petitioner to be promoted as a “Probation Officer” for the panel year 2002- 2003 has been rejected.
3. Operative portion of the Impugned Order dated 15.10.2014 reads as under:-
“6. The Government have examined the appeal petition of the individual in the light of the relevant rules and connected records. As per Sub rule (2) of rule 47 of the General Rules for the Tamil Nadu State and Subordinate Services, relinquishment of a right or privilege for temporary period shall be accepted if it is made for a period not les
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.
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
The main legal point established is that seniority is a crucial factor even in merit promotions, and reservation under Article 16(4) of the Constitution is limited to initial appointments and does no....
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
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