A. ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By placing reliance in G.O.(Ms).No.761, Transport (Committee) Department, dated 30.04.1993, the petitioner claims promotion to the post of Selection Grade Assistant Manager, with effect from 13.01.2001. According to the petitioner, since the decision to promote him has already been approved by the Finance Committee as well as the Board of Directors of the Tamil Nadu State Transport Corporation, the petitioner is entitled to be promoted to the said post from 13.01.2001 onwards.

(2.) The learned counsel for the respondents would submit that as per G.O.(Ms).No.27, Finance (BPE) Department, dated 21.01.2002, the Government had issued a ban order for promotion and in view of the same, the decision of the Finance Department, as well as the Board of Directors, could not be implemented. He would further submit that since the ban was lifted by the Government vide Government Order in G.O.(D).No.107, Transport(D) Department, dated 05.07.2006 and had modified the service qualification from 6 years to 8 years and thereafter, the petitioner was extended with a promotion order to the post of Selection Grade Assistant Manager with effect from 13.01.2003.

(3.) The only ground which the Corporation seek to put against the petitioner is that in view of the ban order, the resolution of the Board could not be implemented and as and when the ban was lifted, the requirements for promotion came to be modified to 8 years and therefore, the petitioner was considered along with other Assistant Managers and thereby the promotion came to be given.