C. VIJAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed for issuance of writ of mandamus directing the 1st respondent to promote the petitioner w.e.f 18.08.2012 in the category of Joint Director, Municipal Administration notionally and for granting monetary benefits w.e.f. 11.01.2018 and consequently to restore the seniority of the petitioner above his immediate juniors.

(2.) The case of the petitioner is that he was initially appointed as Municipal Commissioner Grade-III in the year 1996 after the petitioner cleared the Group II Examination conducted by TNPSC. The post of Municipal Commissioner Grade-III was converted/re-designated as Municipal Commissioner Grade-II and the petitioner services were regularised from 23.09.1999. Subsequently, the petitioner was also promoted to the post of Grade-I Municipal Commissioner in the year 2001. The petitioner was conferred with Selection Grade in the year 2004 and Special Grade in the year 2008 based on his seniority and eligibility.

(3.) The petitioner was issued with a charge memo in the year 2010 and the petitioner gave his explanation for the same. An enquiry officer came to be appointed and report was also filed. After considering the enquiry report and the explanation given by the petitioner, a punishment was imposed against the petitioner for stoppage of three increments with cumulative effect. Aggrieved by the same, the petitioner filed writ petition before this Court. Ultimately, the case reached the Division Bench of this Court in W.A.No.576 of 2017. The Division Bench of this Court by an order dated 11.07.2017 was pleased to modify the punishment imposed against the petitioner from three increments with cumulative effect to that of censure. The relevant portion of the order is extracted hereunder: