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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.Sundar, C.Saravanan, JJ
Principal Secretary and Commissioner of Revenue Administration – Appellant
Versus
A. Valliammal – Respondent
JUDGMENT :
C. SARAVANAN, J.
1. This intra Court Appeal is preferred against the impugned order dated 24.07.2019 passed by the Writ Court in W.P.No.19908 of 2016.
2. The aforesaid writ petition was filed by the Respondent/Writ Petitioner for issuance of a writ of certiorarified mandamus to call for the records relating to the 3rd Appellant in R.C.No.A2.22737/2013-2 dated 23.11.2013 and the consequential order passed by the 2nd Appellant in so far as rejecting the appeal by modifying the punishment is concerned in R.C.No.A2.1297/2014 dated 06.05.2015 and the order rejecting the revision petition by the 1st Appellant in R.C.No.Service 4(4)/28880/2015 dated 28.12.2015 and quash the same and consequently, direct the Appellants to confer all the attendant and consequential benefits including the promotion post with due regards to her seniority.
3. By the impugned order dated 24.07.2019, the Writ Court has disposed of the writ petition filed by the Respondent/Writ Petitioner in W.P.No.19908 of 2016 with the following observation:
“9. On account of the modification of the order of punishment passed by the Appellate Authority on 06.05.2015, which replaced the order of the Original Authority date
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
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 eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
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.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
The punishment takes effect from the date of serving the order to the employee, and the currency of punishment may vary based on the nature of the punishment imposed.
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