Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.

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 3^rd Appellant in R.C.No.A2.22737/2013-2 dated 23.11.2013 and the consequential order passed by the 2^nd 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 1^st 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 dated 23.11.2013, the Petitioner did not have any departmental proceedings or punishment against her on the crucial date i.e. 15.09.2015, when the panel for promotion to the post of Deputy Tahsildar was prepared. Hence, the Petitioner is entitled to be considered for promotion and accordingly, Respondents herein are directed to consider the case of the Petitioner for promotion to the post of Deputy Tahsildar on the crucial date, i.e. 15.09.2015, if she is otherwise eligible, by placing the Petitioner above her juniors and grant her other benefits, within a period of eight weeks from the date of receipt of a copy of this order.”

4. The Respondent/Writ Petitioner joined the Revenue Department as an Assistant on 11.01.2010. The background of the orders impugned in the writ petition is the Show Cause Notice dated 19.09.2013 issued under Rule 17(a) of the Tamil Nadu Civil Service (Disciplinary and Appeal) Rules to the Respondent/Writ Petitioner by the 3^rd Appellant. The charges framed in the said Show Cause Notice dated 19.09.2023 are as follows:

“Charge 1:

The important duty of the Revenue Inspector is to submit her fort nightly report, once in a fort night. But Tmt.A.Valliammal from the date of joining by her as Revenue Inspector 13.10.2012 upto 31.07.2013 has not submitted her report.

Charge 2:

At the time of District Administration Committee Meeting conducted by the District Revenue Officer at District Collectorate, it is instructed to submit the fort night report then and there and the same is neglected and not submitted the fort night report.

Charge 3:

Though the Revenue Inspector knows that she has to stay at her Head Quarters, she is not staying at her Head Quarters and daily goes and comes from Tirupattur.

Charge 4:

By not obeying her Higher Officers' orders violated Rule 20(1) of Tamil Nadu Government Servant Conduct Rules.”

5. In response to the aforesaid Show Cause Notice dated 19.09.2013, the Respondent/Writ Petitioner had submitted her explanation on 04.10.2013. However, the 3^rd Appellant vide order dated 23.11.2013 bearing R.C.No.A2-22737/2013-2, imposed the punishment of “stoppage of increment for a period of two years with cumulative effect on the Respondent/Writ Petitioner.”

6. Aggrieved by the aforesaid order dated 23.11.2013, the Respondent/Writ Petitioner preferred an appeal before the 2^nd Appellant on 27.12.2013. The 2^nd Appellant vide order dated 06.05.2015 bearing R.C.No.A2.1297/2014, modified the punishment imposed on the Respondent/Writ Petitioner to “stoppage of increment for a period of one year without cumulative effect.”

7. Thereafter, challenging the aforesaid order dated 06.05.2015, the Respondent/Writ Petitioner preferred a Revision Petition before the 1^st Appellant seeking to revise the order dated 06.05.2015 passed by the 2^nd Appellant.