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2013 DIGILAW 1986 (MAD)

R. Sekar v. State of Tamil Nadu, Rep. By Director of Co-op. Audit, Chennai

2013-06-12

D.HARIPARANTHAMAN

body2013
JUDGMENT 1. With the consent of both parties, the writ petition itself is taken up for final disposal, as the matter lies in narrow campus. 2. The petitioner was working as Village Administrative Officer, Adukkam Village, Kodaikanal Taluk, Dindigul District. He was imposed with the punishment of stoppage of increment for six months without cumulative effect by the District Collector, Dindigul by an order dated 08.02.2010 based on the charge memo issued under Rule 17(a) of Tamil Nadu Civil Services (Disciplinary & Appeal) Rules. The petitioner paid the amount towards stoppage of increment amount issued on 18.02.2010 and the receipt for having paid is enclosed at page No.5 of the typed set of papers. Thereafter, the petitioner applied for the post of Junior Co-operative Auditor and he was selected through Tamil Nadu Public Service Commission. The petitioner's probation as Junior Co-operative Auditor was declared on 28.05.2012. The next avenue of promotion to the post of Junior Co-operative Auditor is Senior Co-operative Auditor. The second respondent issued the panel dated 01.03.2013 to the post of Senior Co-operative Auditor, in which, the name of the petitioner was not included in the panel and on the other hand, his name was included in Annexure II of the order stating that his non-inclusion is due to the check period of five years after penalty of minor punishment that was imposed on him. 3. The petitioner has filed this writ petition seeking to quash the aforesaid order dated 01.03.2013. 4. The learned counsel for the petitioner submitted that the matter is squarely covered by the Full Bench judgment of this court reported in 2011(3) CTC 129 (The Deputy Inspector General of Police, Thanjavur Range and another v. V.Rani). 5. Heard both sides. 6. As rightly contended by the learned counsel for the petitioner that the matter is squarely covered by the Full Bench judgment of this court referred to above. The relevant passage found in paragraph No.28(5) of the said judgment, is extracted hereunder:- "28(5) Consequently, the embargo put on the right of Government servant for being considered for promotion for a further period, after the period of minor punishment is over, in the name of check period viz., one year in the case of censure and five years in the case of other minor punishments is illegal and impermissible under the statutory Rules." 7. In similar matter, similarly situated person, filed a writ petition in W.P.No.6942 of 2013 and the writ petition was allowed by this court on 02.04.2013 following the Full Bench judgment referred to above. 8. In view of the same, the writ petition is allowed and the impugned order dated 01.03.2013 in so far as not including the name of the petitioner in the panel of Junior Co-Op. Auditor for promotion to the post of Senior Co-Op. Auditor is quashed and a direction is issued to the second respondent to include the name of the petitioner in the panel dated 01.03.2013 at the appropriate place and to grant promotion as Senior Co-Op. Auditor to the petitioner from the date on which his immediate junior was promoted with all consequential benefits. The respondents 1 and 2 are directed to complete the aforesaid exercise within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.