An employee under punishment on the crucial date for promotion cannot be considered for promotion, as per established policy.

ORDER :

1. The petitioner has filed this Writ Petition seeking for an issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Memo No.093166/375/G.1/G.1(1)/2019-32 dated 15.02.2020 on the file of the 2^nd respondent and quash the same, in so far as non-inclusion of the petitioner's name for promotion to the post of Asst.Executive Engineer / Electrical is concerned and consequently direct the respondents to draw fresh panel by including the petitioner, for promotion to the said post of Assistant Executive Engineer / Electrical, by fixing the crucial date 05.08.2019 and effect promotion to the petitioner with all monetary benefits, from the date on which her juniors were given promotion as Asst.Executive Engineer / Electrical, within a reasonable period.

2. The brief facts of the case, as averred by the petitioner, are as follows:-

(i) The petitioner was appointed as an Assistant Engineer (Electrical) on 04.01.2008 and joined at Mettupatti Sub station. Now, the petitioner is working as Assistant Engineer (Electrical) in Linemedu under the 3^rd respondent in Salem Electricity Distribution Circle. Every year a panel for promotion to the post of Assistant Executive Engineer / Electrical would be drawn from the qualified candidates from the feeder category of Assistant Engineers (Electrical).

(ii) Insofar as the promotion to the post of Assistant Executive Engineer / Electrical for the year 2018-2019, a panel has been drawn by the 2^nd respondent fixing the crucial date as 05.08.2018 vide Memo No.093166/375/G.1(1)/2018-2019 dated 30.07.2019 and promotions were also effected from the released panel. The petitioner was undergoing a punishment of postponement of next increment for a period of six months vide order dated 15.11.2017, which was given effect only from 01.04.2018, as such, the punishment was over on 30.09.2018.

(iii) While the petitioner was expecting to get inclusion of his name in the subsequent panel for promotion, the 2^nd respondent after the crucial date for next panel, i.e., 05.08.2019, illegally and erroneously issued a proceedings dated 20.09.2019 calling for the suitability report for the drawal of additional panel for promotion to the post of Assistant Executive Engineer/ Electricial in respect of 142 Assistant Engineers fixing the same crucial date 05.08.2018, the date on which earlier panel was prepared, hence this petition. Further, W.P.No.29826 of 2019 is pending.

3. Per contra, the learned counsel for the respondents 1 to 3 would submit that the suitability reports of 671 officials, i.e., 1 Chief Head Draughtsman, 490 Assistant Engineers/Electrical & 180 Junior Engineers/Electrical 1 Grade details were called for on 03.12.2018 for the crucial date of 05.08.2018 for preparing a fresh panel for filling up the available vacancies of Assistant Executive Engineer/Electrical from the post of Assistant Engineers/ Electrical, Junior Engineers/Electrical 1 Grade and Chief Head Draughtsman. The Departmental Promotion Committee after examining the received reports, found that, out of 180 Junior Engineers/Electrical I Grade, only 87 Junior Engineers/ Electrical 1 Grade alone were eligible and selected. Taking 87 Junior Engineers/ Electrical 1 Grade as one part, 264 eligible Assistant Engineer/Electrical alone were considered for maintaining 3:1 ratio. As a result 142 eligible Assistant Engineer/ Electrical were left out before Issuance of panel dated 30.07.2019 and the panel was issued for 352 (1CHD+264AE+87JE-I Gr.) selected officials.

4. Further, the petitioner has committed certain lapses in her official duties against which the Disciplinary Proceedings was initiated under Section 8 (a) of TNEB Employees D&A Regulation. Subsequently the Chief Engineer/Distribution/ Erode Region has issued final orders vide Memo dated 15.11.2017 awarding a punishment of "Withholding of her next annual increment for a period of 6 months without cumulative effect at the rate of 3% of the Bas