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2012 DIGILAW 1377 (MAD)

N. Murali v. Principal Secretary

2012-03-15

N.PAUL VASANTHAKUMAR

body2012
JUDGMENT ( 1. ) THE prayer in the writ petition is to quash the order of the first respondent in L.Dis.No.41631/2010/N-1 dated 8/10/2010 and direct the first respondent to consider the names of the petitioners for inclusion in the panel for 2009 - 2010 for the post of Superintendent. The case of the petitioners is that they joined as Junior Assistants on 27/11/1986 and 23/6/1984 respectively in the District Treasury, Tiruchirapalli and presently working as Selection Grade Accountant from 2/6/2004 and 5/10/2003 respectively in the office of the second respondent. ( 2. ) THE petitioners have relinquished their claims for promotion for three years by submitting individual representations for the panel 2006 - 2007, 2007 - 2008 and 2008 - 2009 and the crucial date for preparation of panel was on 1/4/2006. According to the petitioners, three years period expired in the year 2008 - 2009 and they are entitled to be considered for inclusion in the panel from 1/4/2009. ( 3. ) THE petitioners request was rejected by the impugned order dated 8/10/2010, wherein it is mentioned that the petitioners having submitted their relinquishment letter on 26/4/2006, three year period can be counted only from that date and not from 1/4/2006. ( 4. ) ACCORDING to the learned counsel for the petitioners, the said stand taken by the respondents cannot be accepted in view of the Rule position as well as the relinquishment letter given by the petitioners. Petitioners have given up their right for promotion for 2006 - 2007, 2007 - 2008 and 2008 and 2008 - 2009 i.e., from 1/4/2006. Three year period having been expired on 31/3/2009, the petitioners are entitled to get their names included in the panel for promotion in terms of Rule 47 (2) of the Tamil Nadu State and Subordinate Service Rules. The said Rule reads as follows:- "Relinquishment of a right or privilege for a temporary period shall be accepted if it is made for a period of not less than three years subject to the condition that after the expiry of the said period, the claim of the right or privilege relinquished will be with reference to the state of affairs that exist on the date of expiry of period of relinquishment and without restoration of original seniority. If relinquishment of right or privilege is made permanently and is accepted subsequent claim of the relinquished rights or privileges shall not be entertained." ( 5. ) APPLYING the said Rule, the impugned order is set aside and the second respondent is directed to consider the names of the petitioners for inclusion in the panel from 1/4/2009 and pass fresh orders. The revised order is directed to be passed by the second respondent within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs.