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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
G.Gnanasekar – Appellant
Versus
Secretary to Government of Tamil Nadu, Micro, Small and Medium Enterprises Department – Respondent
| Table of Content |
|---|
| 1. eligibility for promotion post penalty. (Para 2 , 3 , 4 , 5) |
| 2. impact of panel designation years. (Para 6 , 9 , 10) |
| 3. criteria for promotion amidst disciplinary actions. (Para 11 , 12 , 13 , 14 , 15) |
| 4. consequences of disciplinary actions on promotion timelines. (Para 18 , 19 , 20) |
| 5. rights of an employee for notional promotion. (Para 21 , 22 , 24) |
| 6. consideration of notional promotion for pension benefits. (Para 25) |
| 7. order for granting notional promotion. (Para 26) |
ORDER :
T. Vinod Kumar, J.
Heard the learned counsel for the petitioner and the learned Special Government Pleader for respondents, and perused the records.
2. The petitioner, by the present writ petition, has challenged the proceedings dated 06.07.2018 issued by the first respondent, whereby his request for granting promotion to the post of Joint Director (Engineering) in category - 1 of the Tamil Nadu Industries Service has been rejected.
3. The petitioner contended that he was appointed as Assistant Director (Technical) on 18.08.1999 and thereafter promoted as Deputy Director on 29.11.2004. The petitioner further contended that on completion of 10 years of service as Deputy Director, he became eligible
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Relinquishment of a right or privilege for promotion must be evaluated based on the state of affairs at the expiry of the relinquishment period, affecting eligibility for promotion.
The main legal point established is that seniority is a crucial factor even in merit promotions, and reservation under Article 16(4) of the Constitution is limited to initial appointments and does no....
The court mandated the review of promotion decisions considering revised seniority and previous directives, emphasizing the necessity of just and reasoned orders in administrative actions.
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