K RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) Pursuant to the notice given on the special leave petition, the learned counsel for the respondent-State of Tamil Nadu and another have appeared and have also filed counter-affidavit. At the hearing, the learned counsel for the parties have also made submissions. The appeal is directed against the decision of the Tamil Nadu Administrative tribunal on 17/09/1991 disposing of the Writ Petition No. 5717 of 1988 received from the High court of Tamil Nadu Section 29 of the Administrative tribunals Act and renumbered as T. A. No. 11 of 1988.

(3.) The appellant, Shri K. Rajan, joined the Commercial Taxes Department as a Joint Commercial Tax Officer in the year 1966. He was promoted as Commercial Tax Officer in 1972. It is the case of the appellant that right from 1972 he was denied further promotions although his juniors were given promotion. The appellant has also contended that in the selection test for appointment to the post of Joint Commercial Tax Officer he topped the list and he has a good academic career but his promotion was unjustly denied as he incurred the displeasure of the higher authorities. In 1978, he moved Writ Petition No. 4599 of 1978 in the High court of Madras praying for a writ of mandamus directing the respondents to promote him to the post of Deputy Commissioner. The learned Single Judge, however, dismissed the writ petition and the appellant thereafter preferred an appeal before the division bench being Writ Appeal No. 315 of 1982. Such appeal was allowed by the division bench of the Madras High court on 17/07/1986 and the division bench directed the respondents to give the appellant retrospective promotion from 1976 with all attendant monetary benefit and to give further promotion to the appellant if such promotion had been due to him. In view of such direction of the High court, the administration passed necessary orders of promotion with retrospective effect from 1976 promoting the appellant as Assistant Commissioner and thereafter as Deputy Commissioner with effect from 3/12/1986 without prejudice to the rights and contentions of the State government to take appropriate course of action on the basis of the decision to be rendered by this court in the special leave petition moved against the decision of the division bench of the Madras High court. It appears that this court passed an ex parte stay in favour of the department in the special leave petition. Such special leave petition was disposed of on 12/03/1987 by directing that the State government should consider the question of promotion of the said Shri Rajan to such promotional post to which he would be eligible and that the promotion would take effect prospectively. It was further indicated in the judgment of this court that in modification of the judgment of the High court the promotion would take effect from the date on which the necessary orders would be passed. This court also gave liberty to the appellant, Shri Rajan, to make representation to the State government in the matter of inter se seniority when he would be given promotion.