Tamil Nadu Pollution Control Board Employees Association, Rep. By its General Secretary, Chennai v. Government of Tamil Nadu, Rep. by its Additional Chief Secretary to Government
2013-08-30
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
JUDGMENT : 1. The Petitioner Association is registered under the Societies Registration Act and its Registration Number is MDS/1764. All the scientific staff working in the second respondent Board are members of the first petitioner association. The second petitioner is also a member of the first petitioner association and he is working as Environmental Scientist in the second respondent Board. 2. According to the petitioners, the entry level post in the scientific service is Environmental Scientist. A Post Graduate in Science is eligible for appointment to the said post. At present, there are 39 Environmental Scientists and most of them were recruited in the year 1989. Their next avenue of promotion is to the post of Deputy Chief Scientific Officer. Though these persons have completed more than 24 years as Environmental Scientists, they are not promoted to the post of Deputy Chief Scientific Officer due to want of posts. They are stagnating in the same post for the past 24 years. It is submitted that the first petitioner association made a representation dated 23.04.2013 to the first respondent to create the post of Deputy Chief Scientific Officer for granting promotion to the Environmental Scientist. Since there is no response, the petitioners have filed this Writ Petition seeking for a direction to the first respondent to pass orders on the aforesaid representation dated 23.04.2013 in accordance with Tamil Nadu Pollution Control Board Scientific Services Regulations on merits. 3. The learned counsel appearing for the petitioners has submitted that the Apex Court has held in Council of Scientific and Industrial Research and another vs. K.G.S.Bhatt and another [(1989) 4 Supreme Court Cases 635] that there should be at least one avenue of promotion to the employees and the employees cannot be stagnated in a post for years together and retained at the same posts. Further, the learned counsel has submitted that since the prayer in the Writ Petition lies in a narrow campus, the Writ Petition could be disposed of directing the first respondent to pass orders on the representation of the first petitioner association in accordance with the Tamil Nadu Pollution Control Board Scientific Services Regulations in the light of the judgment referred to above. 4.
4. In these circumstances, in the light of the judgment of the Apex Court referred to above, the Writ Petition is disposed of directing the first respondent to consider the representation of the first Petitioner Association dated 23.4.2013 in accordance with the Tamil Nadu Pollution Control Board Scientific Services Regulations and on merits, and to pass final orders thereon within a period of 12 weeks from the date of receipt of a copy of this order. No costs.