Administrative delays in declaring probation should not penalize employees who meet eligibility criteria for promotion, and such declarations must be retrospective.

ORDER

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the entire records which culminated in passing the order bearing reference Na.Ka.No.18249/A4/E3/2017 dated 08.02.2018 of the first respondent and quash the same and consequently, direct the respondents to include the name of the petitioner in the panel dated 15.03.2014 drawn for promotion to the post of Assistant at the appropriate place and to consequently, confer notional promotion to the petitioner in the post of Assistant with retrospective effect and give all consequential benefits.

2. Heard Mr.P.Ganesan, learned counsel for the petitioner, Mrs.P.Rajarajeswari, learned Government Advocate for the respondents and perused the materials available on record.

3. The petitioner was appointed as an Office Assistant and promoted to the post of Junior Assistant on 29.08.2011 and was posted in the office of the Assistant Elementary Educational Officer, Arani, Tiruvannamalai District. He joined in the promoted post on 08.09.2011. The petitioner has completed the District Officer Manual Test which is a prerequisite for declaring his probation in the post of Junior Assistant. However, his probation was not declared because he was not deputed to undergo Bhavanisagar Training. In view of the same his declaration of probation was delayed. In the meanwhile, the persons junior to him who have been sent for Bhavanisagar Training have been included in the promotional panel for the post of Assistant and promoted and kept above the petitioner in the seniority list.

4. The learned counsel for the petitioner submitted that the petitioner had completed the period of probation of two years within the continuous period of three years without any blemish and he was also qualified in the Departmental Test; still his probation was delayed.

5. The learned Government Advocate for the respondents submitted that the petitioner did not complete Bhavanisagar Training and hence his probation was not declared. The petitioner's probation was declared on 14.04.2015 with effect from 07.09.2013 and as such he is eligible to be included in the promotion panel for the post of Assistant on 15.03.2016. However, the petitioner retired on 31.01.2016 and he is not eligible to be included in the said promotion panel.

6. Time and again it is held that the declaration of probation of the individual cannot be effected just because there is some administrative delay on the part of the respondent Department in sending the individuals to Bhavanisagar Training. So far as the petitioner is concerned, he has completed all the eligibility criteria which is under his control for e.g., by passing Departmental Examination in time. In fact, the petitioner has given representation to declare his probation by giving retrospective effect from the date of completion of two years of service and that has also been positively considered by the second respondent and the proceedings to that effect has also been passed on 14.04.2015.

7. The petitioner got retired from service on 31.01.2016 due to attaining the age of superannuation. Had the declaration of probation been given effect from 07.09.2013 itself at the time when the petitioner was in service, he would have not lost his seniority to his juniors. For none of the fault on the part of the petitioner he happened to get his probation declared at a later point of time and that affected his promotion.

8. When the juniors to the petitioner who had gone to Bhavanisagar Training could get their probation declared earlier and got themselves included in the promotion panel, the petitioner could not get himself included in the later promotional panel and that had affected his seniority, the promotion and other consequential benefits. In fact, the respondents themselves ought to have re-fixed the petitioner's pensionary benefits by giving him notional promotion consequent to the order dated 14.04.2015 which gives the benefit of declaration of probation of the pet