J. Muralidharan v. State of Tamil Nadu, rep. by its Secretary to Govt. , Personnel & Administrative Reforms (B) Department, Chennai
2013-07-22
M.VENUGOPAL
body2013
DigiLaw.ai
JUDGMENT :- 1. The Petitioner has focussed the instant writ of certiorarified mandamus, in calling for the records of the first and second respondents in Letter No.40485/B1/ 2009-1 dated 8.9.2009 and Roc.No.10146/ Admn.2(3)/2008 dated 5.6.2009 and to quash the same. Further, he has sought for passing of an order by this Court in directing the Respondents to promote him to the post of Superintendent, based on the passing of the Fundamental training and eligibility test conducted by the Government Officers Training Institute, Bhavani Sagar and Account test Part I without insisting for a pass in the account test part II. 2. According to the Learned counsel for the Petitioner, the Petitioner passed the Account Test Part-I conducted by the Tamil Nadu Public Service Commission during the year 1996. Passing of the Account Test Part I is a necessary qualification for promotion to the post of Assistant. It is not in dispute that the Petitioner was promoted to the post of Assistant on 12.9.2006. 3. Further, it is the plea of the Petitioner that the next promotional post is the Superintendent post and necessary qualification prescribed for the post of Superintendent is passing of Account Test Part II. The Petitioner made three attempts to pass Account Test Part II during the years 2006 and 2007. However, he was unsuccessful. The reason being that the Tamil text book for Maths subject was not available and as such, he could not prepare for the said examination. The Petitioner-Association, "The Tamil Nadu Government Employees Association" in the District representatives meeting conducted on 30.7.2008 passed a resolution stating that the Fundamental Training and eligibility test conducted by the Government Officers Training Institute, Bhavanisagar is an important test, which is the basis for promotion to higher posts and further pay hikes. 4. The stand taken by the Petitioner is that the Fundamental training and eligibility test conducted by the Government Officers Training Institute, Bhavanisagar is similar to the Account Test Part I and II conducted by the Tamil Nadu Public Service Commission. The Petitioner submitted his representation dated 12.8.2008 to the first Respondent, but the first Respondent had not passed orders on the representation. Therefore, the Petitioner, on earlier occasion, filed W.P. No.6557 of 2009, praying for passing of an order by this Court, in directing the first Respondent to dispose of his representation dated 12.8.2008 on merits.
The Petitioner submitted his representation dated 12.8.2008 to the first Respondent, but the first Respondent had not passed orders on the representation. Therefore, the Petitioner, on earlier occasion, filed W.P. No.6557 of 2009, praying for passing of an order by this Court, in directing the first Respondent to dispose of his representation dated 12.8.2008 on merits. This Court, on 16.4.2009, passed an order of directing the first Respondent to consider the representation on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of the order. 5. Per contra, the Learned Additional Government Pleader for the first and second Respondents submits that the Fundamental Training Institute, Bhavanisagar is a requirement for completion of probation, whereas passing of (a) District Office Manual Test and (b) Account Test for Subordinate Officers, Parts I and II is very much required for promotion as Superintendent and passing of two tests as mentioned supra are very vital for proper administrative efficiency in the appropriate posts in the Tamil Nadu Ministerial Service in various Departments of State Government. 6. The Learned Additional Government Pleader for the Respondents brings it to the notice of this Court the letters of the Association relied on by the Petitioner have not been accepted by the Government and that cannot be made as cementing platform enabling the Petitioner to project the instant writ petition before this Court. 7. In any event, the Learned Additional Government Pleader Mr. P.S. Shiva Shanmuga Sundaram contends that it is highly inequitable on the part of the Petitioner to make a request he be promoted as Superintendent, notwithstanding the fact that he does not possess the qualification of pass in the Account Test for Subordinate Officers, Part II. 8. It cannot be gain said that the Secretary to the Government in Letter No.40485/B1 /2009-1 dated 8.9.2009 of Personnel and Administrative Reforms (B) Department, Secretariat, Chennai – 600 009 has informed the Petitioner inter-alia mentioning that the Foundational Training for a period of two months at Civil Service Training Institute, Bhavanisagar is a requirement for completion of probation and passing of District Office Manual Test and Accounts Test for Subordinate Officers, Parts I and II is required for promotion as Superintendent.
These are two different things and resultantly, not accepted his request to dispense with the promotion, which may be either on successful completion of training at Bhavanisagar or a pass in the Department examination. In effect, in the aforesaid letter, the Secretary to the Government has stated that the request of the Petitioner is not feasible of compliance. 9. At this juncture, this Court makes a pertinent reference to Annexure V of Tamil Nadu Ministerial Service Rules with reference to Rule 34(a), which enjoins as under:- 10. Added further, Annexure IV relating to Rule 30(b) prescribes the special test for training required for promotion for the post of Superintendent in Social Welfare Department and the same is mentioned here under:- Tests & Post Training Social Welfare Department 1. District Office Manual Test 2. Account 1. Superintendent Test for Subordinate Officers Part I and II 1. District Office 2. Manual Test Assistants/Accountant2. Account in the Grade of Test for Assistant Subordinate Officers Part I 11. On a careful consideration of respective contentions and in view of the fact that all the Assistants, who served in the Social Welfare Department, are governed by the existing rule position, this Court opines that it is inappropriate and also inequitable to promote the writ Petitioner alone as Superintendent though admittedly he does not possess the qualification of pass in Account Test for Subordinate Officers Part II. Furthermore, this Court opines that passing of the District Office Manual Test and Account Test for Subordinate Officers part I and II is very much required for promotion as Superintendent, as per Rule 30(b) of the Tamil Nadu Ministerial Service Rules. 12. Rules and Regulations that are in force ought to be applied in regard to any claim for promotion in respect of certain posts cannot be permitted to be relaxed for a single individual like the Petitioner, because, in the considered opinion of this Court, then it will affect the administrative efficiency in concerned post in the Tamil Nadu Ministerial Service in various departments of the State Government. 13. Looking at from any angle, the impugned order passed by the first Respondent in letter No.40485/B1/2009-1 dated 8.9.2009 is perfectly legal and the same is justifiable one in the eye of law. The said communication of the first Respondent dated 8.9.2009 does not suffer from any impropriety or material irregularity or patent illegality in the eye of law.
13. Looking at from any angle, the impugned order passed by the first Respondent in letter No.40485/B1/2009-1 dated 8.9.2009 is perfectly legal and the same is justifiable one in the eye of law. The said communication of the first Respondent dated 8.9.2009 does not suffer from any impropriety or material irregularity or patent illegality in the eye of law. Consequently, the writ petition fails. 14. In the result, the writ petition is dismissed leaving the parties to bear their own costs. Resultantly, the order passed by the first Respondent is affirmed by this Court for the reasons assigned in this writ petition. Consequently, the connected M.P. is also dismissed.