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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.KALAIMATHI
State Represented by the Secretary, Rural Development, Chennai – Appellant
Versus
P. Roselet – Respondent
JUDGMENT :
G.R. SWAMINATHAN, J.
1. The State has filed this Writ Appeal challenging the order dated 17.02.2020 passed by the learned single Judge disposing of W.P(MD)No. 10418 of 2015 filed by the first respondent herein.
2. The first respondent herein was appointed as typist in the Rural Development Department on 16.05.1983. She was sponsored by the Employment Exchange. Her services were regularised on 25.06.1984. She was transferred to Revenue Department and later re-transferred to Rural Development Department. The writ petitioner was promoted as Junior Assistant on 18.09.1992.
3. The next promotional post is that of Assistant. The eligible qualification for being considered for the post of Assistant vide G.O(Ms)No.349 P&AR Department dated 12.04.1984 is as follows:
“(i) Individual should have passed the departmental test (ii) Must have served Rural Welfare Officer Grade – II or as Junior Assistant for the period of 1 year.”
4. The writ petitioner passed the departmental test on 19.11.1993. She however completed one year as Rural Welfare Grade – 2 officer only on 21.07.1995. In the meanwhile, one Indira Bai who fulfilled both the prescribed qualifications, was promoted as Assistant. Th
An employee cannot be denied promotion based on delays in service posting that are not their fault; promoting juniors who fulfill eligibility criteria creates inequity.
The seniority of public service personnel is determined based on appointment dates, not on promotion timelines or subsequent training requirements.
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
Promotions must strictly adhere to qualification criteria as per relevant regulations to maintain integrity in civil service seniority and prevent premature reversions.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Delay in regularising services and fulfilling service qualifications cannot be used to deny promotion, especially when the delay is attributable to the authorities.
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