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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE BATTU DEVANAND, J
T.Elango – Appellant
Versus
Tamil Nadu Civil Supplies Corporation Limited – Respondent
ORDER :
Battu Devanand, J.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and carefully perused the materials available on record.
2. The case of the petitioner is that, he was appointed as Shift Engineer in the respondent Corporation by order dated 04.06.1993. In the year 2013, the respondent initiated disciplinary proceedings against the petitioner vide proceedings dated 10.11.2014 and he was awarded with a punishment of stoppage of increment without cumulative effect for six months. Thereafter, he awaiting for promotion to the post of Assistant Engineer (Mech.,). A panel of Assistant Engineers to consider them for the promotion to the post of Assistant Engineer (Mech.,) for the year 2017 was issued by the respondent vide impugned order dated 20.04.2018 including three names. In that list, the petitioner's name is not included. Due to the reason that, he was awarded with a punishment of stoppage of increment for a period of six months without cumulative effect and as though, the punishment is falling in the 5 years of check period for the promotion panel for the year 2017. Aggrieved by the action of the respondents in not including
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.
An employee under punishment on the crucial date for promotion cannot be considered for promotion, as per established policy.
The punishment of censure under the Tamil Nadu Government Servants Act has a one-year effect, impacting promotion eligibility during that period.
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.
Promotion eligibility is contingent upon the absence of pending charges or punishments, as per service regulations.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
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