N NATESAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned Special Government Pleader representing the respondent and perused the records.

(2.) THE unsuccessful petitioner before the learned single Judge in W.P. No. 8694 of 2006 (O.A. No. 2555 of 2001 and transferred) has filed this appeal challenging the order dated 05.4.2010 whereby and whereunder the writ petition filed by the petitioner was dismissed.

(3.) LEARNED counsel appearing for the appellant contended that once the delinquent officer is exonerated from the charges, as per G.O. Ms. No. 368, P&AR, dated 18.10.1993, promotion should be granted with all consequential benefits from the date of promotion of his immediate junior and since the Department failed to do the same, the same amounts to discrimination in violation of Articles 14 and 16 of the Constitution of India. He further submitted that the learned Judge without considering the said aspect, dismissed the writ petition and sought for interference of this Court.