Administrative delay in relieving employees cannot deny promotion eligibility due to minor service shortfall.

(Judgment of the Court was delivered by N.Senthilkumar J.)

This intra court appeal has been filed challenging the order passed by the Writ Court in W.P.No.33654 of 2023 dated 25.03.2025.

2.The Writ Petition was filed by the respondents/writ petitioners, seeking grant of notional promotion to the post of Forest Range Officers on par with their juniors, who have been promoted for the year 2016-2017. The case of the appellants/respondents is that for promotion to the post of Forest Range officer for the year 2016 – 2017, the names of the respondents have been included in the panel as serial No.147, 151, 156, 173 and 179 respectively. However, they were not considered for promotion on the ground that they have not completed six years of service as Foresters as on 15.08.2016. According to the appellants, there is shortage of four days is completion of six years of service as Foresters by the Respondents to become eligible for the promotion.

3.After considering the facts and circumstances of the writ petition, the writ court observed that the shortage of four days of service is due to the delay caused by Government while relieving them from their previous post to join duty as Foresters after promotion. Further, the writ Court has directed the appellants to grant notional promotion to the respondents as Forest Range Officers on par with their juniors, who have been promoted for the panel of year 2016 – 17, by restoring their original seniority as Foresters and grant all other service benefits, within a period of sixteen weeks from the date of receipt of a copy of that Order. Challenging the same, the present Appeal has been filed by the Government.

4.It is pertinent to note that the shortfall of four days in service occurred solely due to the delay on the part of the Department in relieving the respondents from their previous posts upon promotion. Such delay is purely administrative in nature and cannot be attributed to the respondents. Consequently, the respondents cannot be denied their rightful promotional benefits.

5.In view of the same, we do not find any merit to interfere with the order of the Writ Court. Accordingly, the present Appeal is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

6.When this court dismissed the Writ Appeal, the learned Government Pleader sought time to comply the order of the writ Court. Therefore, two months time is granted to comply with the order passed in W.P.No.33654 of

2023 dated 25.03.2025, from the date of receipt of copy of this order.