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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
V.T. Nareash Kumar – Appellant
Versus
Secretary to Government – Respondent
| Table of Content |
|---|
| 1. court's final judgment and order. (Para 1 , 1 , 9) |
| 2. challenge on seniority and promotion lists. (Para 2 , 2 , 3) |
| 3. details on promotion eligibility criteria. (Para 4 , 5) |
| 4. petitioner's ineligibility due to charge memo. (Para 6) |
| 5. court's observation on promotion process. (Para 7 , 8) |
ORDER :
The writ petition is filed for the following relief:
“To issue a writ of certiorarified mandamus to call for the records on the file of the 2nd respondent R.C.No.1932/E1(1)/22 dated 13.03.2023 and R.C.No.1932/E1(1)/22 dated 30.03.2023 and quash the same and consequently direct the respondents 1 and 2 to grant promotion to the petitioner par with his juniors.”
2. The challenge is to the seniority list and promotion list issued by respondents 1 and 2 in and by which the juniors of the petitioner i.e. respondents 3 to 7 have been promoted.
4. The 2nd respondent has filed a counter affidavit inter alia contending that for promotion to the post of Assistant Director, the feeder posts are under two categories (i) by transfer and (2) by promotion.
1. KHADI WING:
2. MINISTERIAL WING:
3. VILLAGE INDUSTRIES WING:
BY PROMOTION
a) KHADI WING
2. Assistant Khadi Officer
4. Assistant Manager (DB)
6. M
The court emphasized that denial of promotion based on fabricated charges violates administrative fairness and ignored prescribed ratio guidelines for promotions.
A writ petition becomes infructuous when the relief sought has already been granted, making further adjudication unnecessary.
Established seniority lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
The court ruled that promotions cannot be indefinitely treated as ad-hoc, affirming the need for regularization and proper consideration for further promotions.
The main legal point established is that promotions to the post of Secondary Grade Headmaster are based on seniority, as per the directions issued by the court.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
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