T. Vijayasekaran v. Secretary to Government Revenue Department Chennai
2013-07-01
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
JUDGMENT 1. With the consent of both parties, the Writ Petition itself is taken up for final disposal, as the matter lies in narrow compass. 2. Heard both sides. 3. According to the petitioner, he rendered 30 years of unblemished record of service. He entered service as Junior Assistant in 1983. He was promoted as Assistant in1994. He was posted as Revenue Inspector in 1997. He is not able to get the post of Deputy Tahsildar since he did not pass the CRPC Judicial test Part III paper. He appeared for five times in the Departmental Test, but he was not successful. 4. The petitioner is now aged 57 years and he would retire in one year. 5. The Government issued G.O.Ms.No.1120, P&AR Department dated 30.10.1984 to relax the requisite qualification in case of persons who have crossed 53 years and failed to pass in the departmental test for 5 times. 6. The District Collector, namely, the third respondent herein made a recommendation to the second respondent dated 26.10.2012 to forward the same to the first respondent to get an appropriate order relaxing the qualification for promotion to the post of Deputy Tahsildar in the light of G.O.Ms.No.1120, P&AR Department dated 30.10.1984. However, the second respondent passed the impugned order dated 27.12.2012 and refused to forward the same to the first respondent for passing an order granting necessary relaxation for promotion to the post of Deputy Tahsildar. While the District Collector has stated that no disciplinary action is pending against the petitioner and there is also no currency of punishment for the past 5 years, the second respondent rejected the proposal of the District Collector on the ground that the petitioner suffered some minor punishment during 1995. 7. Relevant paragraph 3 of the impugned order is extracted hereunder: “TAMIL” 8. As rightly contended by the learned counsel for the petitioner, the punishments are minor in nature and the punishment expired in 1995 itself. The Collector also took note of the same and categorically stated that there was no punishment for the past 5 years and there is no disciplinary action pending against him. 9. In the circumstances, I am of the view that the second respondent is not correct in relying on the minor punishment imposed during the year 1995, for the purpose of relaxation under G.O.Ms.No.1120.
9. In the circumstances, I am of the view that the second respondent is not correct in relying on the minor punishment imposed during the year 1995, for the purpose of relaxation under G.O.Ms.No.1120. Hence, the impugned order dated 27.12.2012 of the second respondent and the consequential order dated 14.6.2013 of the third respondent are quashed and the first respondent is directed to consider the claim of the petitioner for promotion to the post of Deputy Tahsildar by granting necessary relaxation as per G.O.Ms.No.1120, P&AR Department dated 30.10.1984, within a period of eight weeks from the date of receipt of a copy of this order. No costs. The connected Miscellaneous Petition is closed.