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2012 DIGILAW 2876 (MAD)

S. Rajarathinam v. Assistant Director of Survey & Land Records, Pudukottai

2012-07-06

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has challenged the order of reversion from the post of Senior Draftsman to the post of Land Records Draftsman. 2. It is submitted by the petitioner that the petitioner had qualified Revenue Draftsman Test four papers and Computation Test Paper I of Revenue Draftsmand Test. The petitioner was promoted to the post of Senior Draftsman along with three other persons. The name of the petitioner appeared at Sl.No.2. 3. The case of the petitioner is, that in the order of promotion, it was stipulated that promotees at Sl.No.3 & 4 were promoted, subject to passing of departmental test within one year, whereas no such stipulation was imposed on the promotion of the petitioner. The petitioner therefore, did not attempt to clear the Computation Paper II, though the petitioner had passed Revenue Draftsman Test four papers with Computation Test paper I and was only to clear Computation test Paper II. 4. The petitioner after serving for five years in the promoted post of Senior Draftsman, was issued show cause notice for reversion without calling for explanation. Thereafter, the impugned order has been passed. 5. The learned counsel for the petitioner, challenged the impugned order, on the ground that it was not open to the respondent to revert the petitioner, on the ground of non passing a departmental test, as it was not a condition stipulated in the order of promotion. In the promotion order, condition for passing departmental test was imposed qua persons shown at Sl.No.3 & 4, whereas petitioner's name appeared at Sl.No.2. 6. The impugned order on the face of it is arbitrary, as it was incumbent upon the respondent, to give an opportunity to the petitioner to clear the test in case it was mandatory under the rule, as there was no such condition imposed in the order of promotion of the petitioner. 7. Consequently, this writ petition is allowed. The impugned order is set aside. It shall be open to the respondent to direct the petitioner to pass the test if so required under the rules by giving him time to pass, if he has not already passed the arrears as only one paper of Computation II is to be cleared by the petitioner. 8. The impugned order is set aside. It shall be open to the respondent to direct the petitioner to pass the test if so required under the rules by giving him time to pass, if he has not already passed the arrears as only one paper of Computation II is to be cleared by the petitioner. 8. It is made clear that in case the petitioner fails to qualify the test after availing the opportunity, it shall be open to the respondent to revert the petitioner thereafter. No cost.