P MURUGAIAYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner had approached the Tamil Nadu Administrative Tribunal, by filing Original Application No.7329 of 2000. THE said Original Application was transferred to the file of this Court on abolition of the Tribunal and renumbered as W.P.No.40755 of 2006.

(2.) THE petitioner, after his appointment as Junior Assistant during July, 1962, was promoted as Assistant in the year 1971 and subsequently, in the year 1993, he was further promoted as Superintendent. Finally, he was again promoted as Junior Administrative Officer during the year 1998 and on reaching the age of superannuation, he retired from service on 30.11.2000. Whileso, the petitioner sought for a prayer to include his name at the appropriate place in the panel for the year 1998-99 and promote him as Administrative Officer from the date on which his immediate juniors were promoted with all service and monetary benefits. As per the guidelines prescribed for the promotion of Administrative Officer from the post of Junior Administrative Officer, a candidate should possess a pass in Accounts Test Part-II and Executive Officer Test and further, he should be discharging his duties in the feeder category of Junior Administrative Officer. When the proposals came for inclusion and for promotion of suitable officers to the post of Administrative Officer with crucial date as 01.09.98, the petitioner was appointed temporarily as Junior Administrative Officer. Out of 120 Junior Administrative Officer promoted in proceedings dated 09.05.98, 43 qualified persons were promoted as Administrative Officer vide G.O.Ms.No.D.No.956, Health and Family Welfare Department, dated 14.09.99, but unfortunately, the petitioner name was omitted to be included, inspite of the qualification possessed by him along with others. At the same time, the petitioner's juniors, namely, Manibaigovindarajan, Sl.No.61, G.kesavan, Sl.No.63, S.Paramasanthanam, Sl.No.77, R.Rajagopalan, Sl.80 and A.Thirugnanasambandam, Sl.No.88, came to be promoted on the basis of the Government Order, without considering the petitioner's seniority position at Sl.No.57. Aggrieved by the same, an appeal dated 06.12.99 was filed. But, the Appellate Authority rejected his appeal and as a result, the petitioner filed O.A.No.811/2000 on the file of the Tamil Nadu Administrative Tribunal and the Tribunal also, while disposing of the OA, directed the respondent to pass an order within a period of six months on the said representation filed by the petitioner. In the light of the direction given by the Tribunal, the respondent rejected the case of the petitioner by passing the impugned order. Challenging the said rejection order, the petitioner has filed the present petition.

(3.) HEARD the learned counsel appearing on either side and perused the materials available on record.