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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.JUSTICE V.BHAVANI SUBBAROYAN, J
T. Kokila – Appellant
Versus
Tamil Nadu Generation and Distribution Corporation Ltd. – Respondent
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 2nd 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 3rd respondent in Salem Electricity Distribution Circle. Every year a panel for promotion to t
An employee under punishment on the crucial date for promotion cannot be considered for promotion, as per established policy.
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
A government servant is entitled to promotion consideration after the period of minor punishment, as imposed check periods are illegal and impermissible under statutory rules.
Eligibility for promotion is contingent upon timely completion of probation and requisite examinations as per service rules.
The completion of probation as per the proceedings issued by the competent authority is crucial in determining eligibility for inclusion in a promotion panel.
Promotion eligibility is contingent upon the absence of pending charges or punishments, as per service regulations.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
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