Writ Appeal dismissed in the case of claiming notional promotion in the Madras High Court
The High Court of Madras passed a judgment on 28 April 2023 stating that a person having joined in the promotion post without making any objection and after continuing in the said post for nearly 12 years,cannot claiming notional promotion unsustainable.It was stated in the case of A. KANAGAMUTHU V. THE STATE OF TAMILNADU (WA.524/2020) which was passed by the single judge bench comprising of HONOURABLE JUSTICE D.KRISHNAKUMAR and HON’BLE TMT.JUSTICE K.GOVINDARAJAN THILAKAVADI
FACTS OF THE CASE:
The appellants/writ petitioners were appointed as Record Clerk, Sanitary Supervisor in Town Panchayat Service, Pudikottai on 21.03.1994, 15.04.1996 and 05.06.1996 respectively and basic servants working in Town Panchayat Service in various categories of posts were given promotion to the post of Junior Assistant, Bill Collector, Typist on acquiring the requisite qualification. 2.2. The post of Junior Assistant, Bill Collector, Revenue Inspector, Typist and Steno Typists in Town Panchayat Services have been provincialized as per G.O.Ms.Nos.64 and 800, Rural Development Department dated 05.02.1985 & 16.12.1988 respectively. After provincialization of the posts of Junior Assistant / Bill Collector etc., there was no promotional opportunity to the basic servants working in Town Panchayat Service, as there cannot be any promotion from nonprovincialized post to provincialized post. The State Government had issued G.O.Ms.No.86, Rural Development Department dated 23.11.1990 by which 10% posts are reserved for promotion to the post of Junior Assistant / Bill Collector by transfer of service. The Government also issued orders in G.O.Ms.No.159, MAWS Department dated 19.08.1998, wherein 20% of vacancies to the post of Junior Assistant / Bill Collectors are reserved for promotion from non-provincialized post in Town Panchayat Services. Subsequently, as per Government Letter dated 22.03.1993, the post of Sanitary Supervisor also included under the purview of basic servants eligible to be considered for promotion as per G.O.Ms.No.150, MAWS Department dated 19.08.1998. According to the appellants/writ petitioners, as far as Pudukottai District is concerned, after the issuance of G.O.Ms.No.150, MAWS Department dated 19.08.1998, seniority list was prepared on 01.01.2005 and published from among non-provincialized staff in Town Panchayat as per the proceedings of the District Collector dated 28.11.2005. After calling for objections from among the staff, final seniority list was published by the District Collector on 19.12.2006. On the basis of G.O.Ms.150 dated 19.08.1998, the Pudukottai District Selection Committee has prepared the panel for promotion to the post of Junior Assistants / Bill Collectors by including the writ petitioners/appellants and the same was approved by the District Level Committee on 22.12.2008
JUDGEMENT OF THE CASE
In the case on hand, there is no merit to consider the claim of the appellants/writ petitioners for the reason that they have been promoted with effect from 01.11.2011, as per the promotion panel approved by the District Selection Committee on 22.12.2008 and they have joined in the promotion post without making any objection and after continuing in the said post for nearly 12 years, the present claim of the appellants/writ petitioners seeking notional promotion from the date of approval of the promotion panel by the District Selection Committee, in the consider view of this Court, is wholly unsustainable. The decisions relied on by the learned counsel for the appellants have no application to the case on hand, as the same pertains to preparation of panel for promotion every year.In the light of the reasons assigned above, this Court is unable to find any reason to interfere with the impugned order passed by the learned Single Judge and finds no merit in this writ appeal. Accordingly, the Writ Appeal stands dismissed. No costs
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.