R. Lalitha v. Secretary to Government Personnel & Administrative Reforms Department Secretariat, Chennai
2013-07-02
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
JUDGMENT 1. This Writ Petition is taken up for final disposal, since the matter lies in a narrow campus. 2. The petitioner passed 10th standard in the year 1986. Thereafter, she studied a diploma course in Commercial Practice (D.Com.,) for a period of three years. She passed D.Com., in the year 1989. She also got admitted in B.Com., 2nd year as lateral entry. She passed B.Com., in the year 1991. The petitioner was appointed as Personal Clerk in the Tamil Nadu Secretariat Service on 02.02.1998. She was further promoted as Senior Personal Clerk in the year 2004. She was also promoted as Personal Assistant in 2005 and in 2006 she was promoted as Assistant Section Officer. 3. The next avenue of promotion is Section Officer. The petitioner is not considered for the promotion to the post of Section Officer, when the juniors of the petitioner were promoted in August 2012, on the sold ground that she did not obtain the Degree after undergoing 10 + 2 + 3 scheme. Hence, the petitioner has filed this Writ Petition seeking to quash the impugned order passed by the first respondent in G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013 and to direct the first respondent to consider the name of the petitioner for promotion as Section Officer from 30.08.2012 with all monetary benefits. 4. Heard both sides. 5. The petitioner's request to promote her along with her juniors was rejected by the first respondent in the impugned G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013. Hence, the petitioner has filed this Writ Petition seeking to quash the impugned G.O. and for direction to the first respondent to consider the name of the petitioner for promotion as Section Officer from 30.08.2012 with all monetary benefits. 6. The impugned G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013, is extracted hereunder:- “TAMIL” 7. The Government issued G.O.(Ms.) No.242 Higher Education Department dated 18.12.2012 that if a person studied diploma course for the period of three years after 10th standard and thereafter, he obtained a degree, the same could be treated as she underwent 10+2+3 scheme. 8. But the impugned G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013 states that G.O.(Ms.) No.242 could be applied prospectively and the petitioner could not be considered for promotion to the post of Section Officer.
8. But the impugned G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013 states that G.O.(Ms.) No.242 could be applied prospectively and the petitioner could not be considered for promotion to the post of Section Officer. The following two lines in paragraph 2 of G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013 is extracted hereunder:- “TAMIL” I am not in agreement with the interpretation made by the first respondent in the impugned G.O.(4D).No.41 on G.O.(Ms.) No.242. G.O.(Ms.) No.242 is only making it clear that a person obtained degree after undergoing diploma would be treated as if he passed +2 course. In my view, the person who had undergone three years diploma course is in higher position than a person, who has studied +2 course. In fact a person, who has passed +2 course can join only in the 1st year of a degree course, but a person who has passed diploma can join in 2nd year through lateral entry. Even without G.O. (Ms.) No.242, the petitioner shall not be declined promotion on the ground that the petitioner did not undergo 10+2+3 scheme. Hence, the impugned G.O.(4D).No.41 Personnel and Administrative Reforms Department dated 28.05.2013 is quashed and a direction is issued to the first respondent to promote the petitioner as Section Officer from the date on which her immediate junior was promoted with all monetary benefits within a period of eight weeks from the date of receipt of a copy of this order. 9. Accordingly, the Writ Petition is allowed. No costs. Consequently, the Connected Miscellaneous Petitions are also closed.