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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
G. Sathishkumar – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary Rural Development and Panchayat Raj Department, Chennai – Respondent
COMMON ORDER :
M. DHANDAPANI, J.
Since the issues involved in both the writ petitions are interconnected and arise out of the same set of facts relating to disciplinary proceedings, seniority and promotion, they are taken up together and disposed of by this common order.
2. Facts in brief :-
a) The petitioner’s father, who was working as Assistant in Harur Panchayat Union, Dharmapuri District, died in harness on 05.09.1992. The petitioner was appointed as Junior Assistant on compassionate grounds on 13.02.2002. His services were subsequently regularised retrospectively and his probation was declared. He had passed the Departmental Test on 29.04.2004.
b) According to the petitioner, though he was eligible for inclusion in the panel for promotion to the post of Assistant as on 01.03.2006, his name was not included. His junior, Mr. R. Raman, was promoted as Assistant on 08.02.2007, whereas the petitioner was promoted only on 23.06.2010. Aggrieved, he approached this Court in W.P. No.34855 of 2015 and, by order dated 30.10.2015, this Court directed consideration of his representation. Pursuant thereto, by proceedings dated 13.01.2016, the District Collector revised his seniority by placing
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The main legal point established in the judgment is that promotion decisions are based on seniority-cum-merit and the application of relevant rules, specifically the Chhattisgarh Public Service (Prom....
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