BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Judgment Reserved On Judgment Pronounced On

28.04.2025 03.06.2025 CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.A(MD)No.2096 of 2024 K.Santhiya ... Appellant -Vs-

1.The Director of Co-operative Audit Department, #571, Anna Salai, 2nd Floor, Perasiriyar K.Anbalagan Maaligai, Veterinary Hospital Campus, Nandanam, Chennai – 600 035.

2.The Assistant Director of Co-operative Audit, Governmetn Multi Storied Building, Khajamalai, Tiruchirappalli – 620 020. ... Respondents Prayer : Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD).No.16483 of 2024, dated 07.08.2024.

For Appellant : Mr.S.Visvalingam For Respondents : Mr.S.S.Madhavan Additional Government Pleader ******

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.

The present W.A.(MD)No.2096 of 2024 is filed by the writ petitioner challenging the order dated 07.08.2024 passed in W.P.(MD).No.16483 of 2024.

2. The writ petition was filed for Writ of Certiorarified Mandamus, to quash the proceedings passed by the 1^st respondent in Na.Ka.No.5170/2024/Po. Ni2 dated 21.06.2024 and communicated to the petitioner by the 2^nd respondent in his endorsement Me.Ku.Na.Ka.5170/2024 dated, 11.07.2024 and to direct the 1^st respondent to declare the period of probation of the petitioner with effect from 01.04.2023 and to include the name of the petitioner in the approval list of Junior Cooperative Auditor of the year 2024 according to her seniority in feeder category.

3. The brief facts are that the petitioner was appointed through Tamil Nadu Public Service Commission under Group-IV Examination as a Typist and joined the service on 22.01.2021 in the office of the Director of Co-operative Audit, Department and her services have been regularised with effect from 22.01.2021. The petitioner has also passed the Accounts Test and Departmental Test and is eligible for the next promotion to the post of Junior Cooperative Auditor. In the meanwhile, the petitioner was on maternity leave from 16.08.2021 to 15.08.2022 that is for a period of 365 days and again she was on Earned Leave on medical grounds without pay from 17.08.2022 to 25.10.2022. The petitioner submitted a representation on 06.03.2024 to consider her leave during maternity period as service period and include her name in the promotional panel to the post of Junior Cooperative Auditor of the year 2024 along with her juniors, but, the same was rejected on the ground that the maternity period cannot be counted for promotion. Aggrieved over the same, the writ petition was filed.

4. After considering the submissions on either side, the Writ Court had dismissed the writ petition, hence the present writ appeal is filed.

5. The primary contention of the writ petitioner is that the maternity leave availed is not a bar for considering the name of candidate for promotion, especially after the enactment of the Tamil Nadu Government Servant (Conditions and Service) Act, 2016, wherein under section 12 it is stated that the absence of the member in service from duty due to leave is not a bar from considering for promotion. The relevant portion is extracted hereunder:

12. The absence of a member of a service from duty in such service, whether on leave, or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,—

(a) for re - appointment to a substantive or officiating vacancy in the class, category, grade or post in which he may be a probationer or an approved probationer;

(b) for promotion to a higher category in such service;

(c) for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent. He shall be entitled to all the privileges in resp