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2024 Supreme(Online)(MAD) 18704
HIGH COURT OF MADRAS
Honourable Mr Justice N. ANAND VENKATESH
D.THARANIDHARAN – Appellant
Versus
THE JOINT REGISTRAR – Respondent
Existing educational qualifications as stipulated in bylaws govern promotion eligibility, superseding prior standards.
Headnote:
Promotion - Employment - Circulars and Special Bylaws - 10th Pass Qualification Summary
Fact of the Case:
The petitioner, appointed as Packer for 24 years, applied for promotion to Salesman but was rejected due to lack of required educational qualifications of 10th standard. The petition challenged this rejection after the response from the authorities denied the claim based on existing bylaws.
Finding of the Court:
The court found that the existing bylaws, which required a minimum qualification of 10th pass for promotion, were valid and applicable at the time of consideration, thus supporting the rejection of the petitioner's promotion claim.
Issues: Whether the petitioner was eligible for promotion to Salesman despite not meeting the educational qualification under the applicable bylaws at the time of the application.
Ratio Decidendi: The court held that qualifications in force at the time of a promotion review must be adhered to, and prior qualifications, though relevant initially, could not be retroactively applied to qualify the petitioner post-amendment.
Final Decision: Writ petition dismissed with no costs.
O R D E R
This writ petition has been filed challenging the impugned order passed by the 1st respondent in proceedings No. Revision Petition 8841/2022/Vae.2 dated 30.06.2023 and for a consequential direction to the respondent to promote the petitioner to the post of Salesman in the 3rd respondent Society.
2.The case of the petitioner is that he was appointed as Packer in the 3rd respondent Society on 06.021998. He was continuing in the same post as Packer in the 3rd respondent Society for nearly 24 years without any promotion.
3.The 1st respondent called for applications for filling up the post of Salesman for more than 153 posts including 5 vacancies in the 3rd respondent Society. The petitioner also made his application. The 3rd respondent rejected the application submitted by the petitioner on the ground that the petitioner did not possess the necessary qualification viz., 10th standard pass.
4.The petitioner filed a revision before the 1st respondent aggrieved by the rejection order passed by the 3rd respondent. The 1st respondent through the impugned order dated 30.06.2023, rejected the claim made by the petitioner.
Aggrieved by the same, the present writ petition has been filed before this Court.
5.The 1st respondent has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:
6.I submit that the Petitioner was appointed as Packer on
02.02.1998 without reference Employment Exchange. In Register of Coop. Soceities, Chennai Circular No.23/2009 [Rc.114998/2006 Povithi Pothu 2] dt.06.07.2009 eductinal qualification for Salesman and Packer was fixed as +2 HSC pass and 10th Pass. Accordingly, the Second Respondent vide Rc.No.4862/2011 Ve 1 dt.12.09.2011 registered the amendment to Special Bylaw No.37 (4) in which the educational qualification for Salesman as +2 pass and for the post of Packer 10th Pass was fixed. Furthermore the K.2069 Veerakeralam Primary Agricultural Coop.Credit Society w.e.f 02.11.2014 was converted as K.2069. Veerakeralam Urban Coop. Credit Society. Special Bylaw relating to the service conditions of the employee was also registered lastly on 03.12.2012. In the said Special Bylaw among others, Special Bylaw No.4 specifies “Provided that in the case of the existing employees who re appointed on regular basis and are in the services of the Society as on the date of registration of these Special Bylaws, the educational qualification prescribed column 3 of this clause shall not apply for their continuance in the same posts for their promotion to higher category of posts subsequently provided they possess the minimum general educational qualification namely SSLC pass with eligibility for Higher Secondary course or for appointment under the Tamil Nadu State Service.
7.It is further submitted that in Registrar of Coop. Societies, Chennai Circular No.33/2022 SA 1 [Rc.87428/2022/SA 1] dt.29.12.2022, educational qualification for the existing Packers for promotion as Salesman was fixed as 10th /SSLC pass 'Notwithstanding the educational the educational qualification prescribed in these special bylaw for the post of Fair Price Shop Salesman, any person holding the post of Packer in a Fair price Shop, having the educational qualification of 10th pass and having minimum period of three years of satisfactory service shall be eligible for promotion to the post of Fair Price shop Salesman”.
It is evident from the mere reading of the above Special Bylaw provision, it is crystal clear that to get promotion as Salesman, a Packer must necessarily with educational qualification of 10th/SSLC pass with eligibility for HSC.
6.Heard Mr.C.Prakasam, learned counsel for the petitioner, Mr.P.Ganesan, learned Government Advocate for R1 & R2 and Mr.M.Bindran, learned Additional Government Pleader for R3.
7.The learned counsel for the petitioner submitted that the petitioner joined in the 3rd respondent Society in the year 1998. As on that date, the educational qualification that was prescribed for the pos
