Promotion and salary entitlement are contingent on notional service fulfillment during discipline-related inquiries, reinforcing the 'No Work, No Pay' principle.

ORDER :

M.JOTHIRAMAN, J.

This writ petition has been filed seeking orders to quash the proceedings of the first respondent in Na.Ka.No.3265/2014/bgh.ep.1 dated 13.07.2018 and to direct the respondent to sanction and disburse the salary for the promotional post of Co-operative Audit Officer from 12.08.2015 to 31.03.2014 along with interest @ 12% p.a. within a time frame.

2.It is stated in the affidavit that the petitioner was appointed as Typist in Co-operative Audit Department on 06.11.1981. She was promoted and posted to the post of Junior Inspector of Co-Operative Socities on 28.04.1989. Thereafter, she was promoted to the post of Senior Inspector of Co-operative Societies on 13.08.1993 and posted in the office of the Deputy Registrar of Co-operative Societies, Tirunelveli and then, transferred and posted in the office of the Assistant Director of Co-operative Audit Tirunelveli. While she was working there, she was falsely implicated along with her husband in a criminal case registered in Cr.No.6 of 2002 on the file of the Economic Offences Wing-II, Tirunelveli for the offences punishable under Sections 3 r/w 4 and Section 5(c) and Section 420 IPC. The Assistant Director of Co-operative Audit, Tirunelveli issued a charge memo dated 01.12.2006 under Rule 17(B) of the Tamilnadu Civil Services (Discipline & Appeal) Rules. The Assistant Director of Co-operative Audit, Tirunelveli was appointed as Enquiry Officer and conducted enquiry. An enquiry report was submitted wherein it has been stated that the charges against the petitioner were not proved. But re-enquiry was ordered without any justifiable reasons. The report of the said enquiry was submitted and she was directed to submit explanation on 13.04.2005. She had submitted her explanation on 02.05.2005.

3.The panel of Senior Co-operative Auditor eligible for promotion to the post of Co-operative Audit Officer dated 24.06.2004 was published and the petitioner's name was found place in the list of unfit candidates. She made a representation dated 12.12.2006 to add her name, however, the same was rejected by the proceedings of the third respondent dated 03.04.2007. Challenging the said proceedings, she had preferred a writ petition in W.P.(MD)No.2606 of 2008. This Court by its order dated 02.04.2008 was pleased to direct the Assistant Director of Co-operative Audit, Tirunelveli to pass final orders in pursuance to the charges levelled against her, within two months. The Assistant Director of Co-operative Audit, Tirunelveli passed an order dated 20.06.2008 saying that since the enquiry officer found that there is no evidence to prove the charges and the criminal case pending as C.C.No.4 of 2003 before the learned Judicial Magistrate, Tirunelveli, was ended in acquittal in and by its judgment dated 26.03.2014. She was allowed to retire on attaining the age of superannuation with effect from 31.03.2014 by the proceedings dated 28.03.2014. She submitted a representation dated 01.04.2014 requesting to place her name in the appropriate place in the panel of Senior Co-operative Auditor eligible for promotion to the post of Co-operative Audit Officer dated 24.06.2004 and proceedings for promotion dated 01.10.2004. The Assistant Director of Co-operative Audit, Tirunelveli had sent a proposal dated 20.07.2015 recommending her promotion with effect from 01.10.2004. Accepting the same, the Joint Director of Co-operative Audit Chennai, vide proceedings dated 01.09.2015 ordered to place her name above the name of her junior one Mr.R.Ramakrishnan in the said promotion list dated 01.10.2004. She made repeated representations dated 20.05.2017 and 03.11.2017 requesting to disburse the arrears of pay and other monetary benefits considering the fact that she has been pr