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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER
G.Revathi – Appellant
Versus
Principal Secretary to Government of Tamil Nadu – Respondent
ORDER :
K.SURENDER, J.
This writ petition has been filed challenging the proceeding dated 23.02.2017 rejecting the petitioner's claim that she has to be given promotion as Executive Officer Grade – II/Head Clerk/Assistant and Executive Officer Grade – I with effect from the date on which her juniors got promotion, after including the petitioner's name in the State Level seniority list.
2. Briefly the facts of the case are as follows:
2.1. The petitioner was appointed as Bill Collector/Junior Assistant on compassionate ground in Panapakkam Town Panchayat, Vellore District on 24.11.1997. Her service was regularized from the date of her initial appointment vide the Government Order in G.O.(2D) No.47, Municipal Administration and Water Supply (TP-1) Department, dated 03.10.2006. Her probation was declared with effect from 24.11.1999 vide G.O.(D) No.322, Municipal Administration and Water Supply (TP-1) Department, dated 29.07.2008.
2.2. The petitioner passed the departmental test in the year 2000 and according to her, she is qualified for promotion to the post of Executive Officer Grade–II/Assistant/Head Clerk in the year 2000 itself. However, she continued to work as Bill Collector/Junior A
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
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.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
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