P SUBBAIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner was appointed as Record Clerk in 1966. He was promoted as Assistant Librarian in 1970. Later, he was promoted as Grade - II Librarian and further promoted as Grade-I Librarian in the year 2002. He retired from service on 30.09.2002. The grievance of the petitioner is that his juniors namely Mr. K. Nagarajan, who joined service on 20.11.1973 and Mr. T. Jayabal, who joined service on 31.12.1970 subsequent to him were granted promotion as Grade-I Librarian on 08.06.1999 and 19.04.1999 retrospectively. According to the petitioner, there was no impediment for promoting him to the post of Grade-I Librarian, when his juniors were promoted. Hence, he filed Original Application in O.A.No.6202 of 2002 before the Tamil Nadu Administrative Tribunal with a prayer to direct the respondents to promote him as Grade-I Librarian and fix his seniority in the appropriate place with consequential monetary benefits.

(3.) The respondents filed counter affidavit refuting the allegations made by the petitioner. It is stated in the counter affidavit that the petitioner was imposed with a punishment of stoppage of increment for one year without cumulative effect, by the District Library Officer, Thanjavur, by an order dated 04.12.1997 and the same was modified into that of stoppage of increment for six months without cumulative effect, by an dated 22.10.1998 of the second respondent. Hence, the petitioner is not entitled for promotion to the post of Grade-I Librarian from the date on which his juniors were promoted. In this regard, the respondents relied on a Government Order in G.O.Ms.No.368, Personnel and Administrative Reforms Department, dated 18.10.1993 in the counter affidavit.