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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE
G.Nagarajan – Appellant
Versus
Principal Secretary to Government, Housing and Urban Development (UD2 (1)) Department, Secretariat, Chennai – Respondent
ORDER :
ABDUL QUDDHOSE, J.
1. The issue involved in this Writ Petition is whether the respondents were right in not granting promotion to the petitioner. The petitioner has challenged the impugned promotion panel dated 28.02.2020 where his name has not been included for promotion to the post of Joint Director of Town and Country Planning in the Town and Country Planning Department.
2. According to the petitioner, as on the crucial date i.e., on 28.02.2020 when the promotion panel was drawn, no charge sheet was pending against the petitioner and hence, his name is entitled to be included in the promotion panel dated 28.02.2020 drawn for the post of Joint Director of Town and Country Planning in the Town and Country Planning Department.
3. Learned senior counsel for the petitioner drew the attention of this Court to Section II (4) and (5) of Part - A in Schedule XI of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and would submit that as per the said Rules, the charge sheet will have to be filed into Court and it is not sufficient if the respondents have been informed about the proposed charge sheet to be filed by the prosecuting agency.
4. Learned senior counsel fo
Knowledge of a pending charge sheet against an employee suffices for exclusion from a promotion panel, regardless of whether the charge sheet has been formally filed in court, per Sections II (4) and....
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
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