N. Vadivel v. Principal Secretary/ Commissioner of Revenue Administration
2013-08-29
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment : 1. With the consent of both parties, the Writ Petition is taken up for final disposal as the matter is squarely covered by a decision of this Court dated 14.06.2013 in W.P.No.15108 of 2013. 2. The petitioners were serving as Typists in the Revenue Department, Thiruvannamalai District. They were recruited through the TNPSC. The petitioners successfully completed the departmental tests and also training offered at Tamil Nadu Land Survey Training Centre, Orathanadu on 9.3.2012 and 13.03.2012. They also completed the probation. 3. The petitioners were eligible for further promotion to the post of Assistant in the Revenue Department in the year 2012. However, the petitioners were not considered for promotion. As there was no indication of their promotion, the petitioners approached the third respondent and requested him to consider their case on par with the Junior Assistants who were selected through the TNPSC. The third respondent informed the petitioners that he would seek instructions from the first and second respondent and take appropriate decision. While so, the third respondent sent the impugned communication dated 21.5.2013 that the petitioners were not eligible for promotion to the post of Assistant for the year 2013 on account of non-possession of service qualification as Junior Assistant in the year 2012 panel. 4. The petitioners have filed this Writ Petition to quash the order dated 21.5.2013 of the third respondent and consequently, to include the petitioners' name in the promotion panel for Assistants for the year 2012. 5. The learned Additional Government Pleader has fairly submitted that in view of the order dated 14.06.2013 passed in W.P.No.15108 of 2013 in M.Jayabharathi and 9 others vs. The Additional Chief Secretary/Commissioner of Revenue Administration, Chepauk, Chennai, this impugned order has to be quashed and a direction has got to be issued to consider the claim of the petitioners. 6. The said judgment was rendered based on the order dated 14.02.2013 passed in W.P.No.28666 and 30475 of 2012 in K.Ahamed Ali and 14 others vs. The Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai 5 and two others. 7. In view of the submissions made by the learned counsel appearing for the parties, the Writ Petition is allowed and the impugned order is set aside and third respondent is directed to include the names of the petitioners in the promotion panel for the post of Assistants for the year 2012 at an appropriate place.
7. In view of the submissions made by the learned counsel appearing for the parties, the Writ Petition is allowed and the impugned order is set aside and third respondent is directed to include the names of the petitioners in the promotion panel for the post of Assistants for the year 2012 at an appropriate place. The respondents are directed to complete the aforesaid exercise within a period of eight weeks from the date of receipt of a copy of this order. No costs.