P. Shnamugasundaram v. Director of Public Health & Preventive Medicine D. M. S. Compound Chennai
2013-09-16
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment 1. The petitioner was appointed as Junior Assistant through the Tamil Nadu Public Service Commission on 22.11.1989 in the Health Department in Nagapattinam. He was promoted as Assistant by an order dated 17.12.1993. 2. But the order of promotion was cancelled by the first respondent by an order dated 8.2.1994 due to disciplinary action that was initiated against him was pending. The Deputy Director of Health Services, Thiruvarur issued an order dated 24.3.1994, to the effect that the final orders on the disciplinary proceedings initiated against the petitioner was issued vide order dated 17.3.1994 imposing the punishment of stoppage of increment for 6 months without cumulative effect. Thereafter, the petitioner was promoted as Assistant vide proceedings dated 19.4.1994. 3. While so, the impugned order dated 4.2.2009 was issued by the first respondent cancelling the earlier order dated 19.4.1994 on the ground that the promotion was granted inadvertently in 1994 and therefore, he was deemed to have been reverted from the post of Assistant with effect from 5.5.1994 and deemed to have been promoted as Assistant with effect from 2.5.1997 on par with his junior Venkatesan, whose name was included in the panel of the year 1996. This order is challenged in this Writ Petition. 4. The respondents have filed a counter affidavit. The crux of the averments made in the counter affidavit is that the petitioner was inadvertently promoted from 5.5.1994 and hence he is deemed to have been promoted as Assistant with effect from 2.5.1997 by including his name in the panel for the year 1996, by the impugned order dated 4.2.2009. 5. Heard both sides. 6. The petitioner was earlier promoted as Assistant with effect from 17.12.1993. In fact, the said promotion was cancelled by an order dated 8.2.1994 on the ground that disciplinary proceedings was pending against him. In the mean time, the petitioner's name was included in the panel of Junior Assistant of the year 1993 fit for promotion to the post of Assistant. Later, based on the proceedings of the Deputy Director of Health Services, Thiruvarur dated 17.3.1994, the petitioner was imposed with the punishment of stoppage of increment for 6 months without cumulative effect. Thereafter, the petitioner was promoted as Assistant vide proceedings dated 19.4.1994. 7. While so, the impugned order dated 4.2.2009 was passed.
Later, based on the proceedings of the Deputy Director of Health Services, Thiruvarur dated 17.3.1994, the petitioner was imposed with the punishment of stoppage of increment for 6 months without cumulative effect. Thereafter, the petitioner was promoted as Assistant vide proceedings dated 19.4.1994. 7. While so, the impugned order dated 4.2.2009 was passed. The relevant portion of the order is extracted hereunder: "Though he was fully qualified for promotion as Assistant during the year 1993, on par with his juniors, disciplinary action was pending against him during 1993 and the final orders on the disciplinary action have been issued by the Deputy Director of Health Services, Thiruvaur during the year 1994. As such, the currency of punishment existed upto 31.3.1995, he is eligible for including the name for promotion as Assistant for the panel year 1996 only. But, his name was inadvertently included in the panel for the year 1993 and promoted as Assistant. 8. The impugned order was passed 15 years after the date of his promotion as Assistant, i.e. he was promoted as Assistant in 1994 and the impugned order was passed in 2009, canceling the promotion and promoting him from a different date in 1997. Admittedly, before passing the impugned order, the petitioner was not heard. 9. Further more, there is no justification for the first respondent to pass the order after 15 years. In any event, there cannot be any deemed cancellation of the earlier order of promotion and deemed promotion from a different date, i.e., 2.5.1997. Since the impugned order was passed without notice and since the same was passed after 15 years, in my view, the impugned order is liable to be quashed. Accordingly, the impugned order is quashed. The Writ Petition is allowed. No costs.