M THIRUKUMAR Vs. DIRECTOR AND DEPUTY DIRECTOR

JUDGEMENT

(1.) The writ Petitioner was appointed as a Junior Assistant in the Office of Director of Public Health on compassionate ground on 17.10.1997. As per the Tamil Nadu Ministerial Service Rules , he has to undergo the foundational training at Bhavanisagar and till he completes the said course, he is deemed to be in probation. Rule 32a(i) of the Tamil Nadu Ministerial Service Rules , reads as follows;

(2.) Within the continuous period of three years, he must have completed the period of two years for declaration of probation. It is true that within the said period, he must have completed the foundational course, which is a condition precedent for consideration to the next post of promotional avenues. Admittedly, it was only after the fourth year, he has completed the foundational course successfully. The case of the Petitioner is that it is not because of the fault on his part, but it was due to inability of the Department in relieving him, he was unable to complete the probation within the prescribed period. In the meantime, the vacancy arose in the promotional post of Assistant. Therefore, he has made a representation for the purpose of considering him for promotion on the basis that he has completed the probation, as per the Rules, even though he has not completed the Bhavanisagar training, which is the condition precedent, since it was fault on the part of the employer and not on his fault and that came to be rejected in the impugned order. It is against that, the present writ petition has been filed.

(3.) The main contention as raised by the learned Counsel for the Petitioner is that sending of training course is the duty of the employer and inasmuch as the employer failed to send him for training, the Petitioner being the employee, cannot be put to peril. He has also submitted that it is not as if he has voluntarily refused to undergo the training and therefore, according to him, it must be construed that he has completed the probation successfully and consequently, he should be given the next promotion to the post of Assistant.