LAWS(MAD)-2011-12-174

K RAMACHANDRAN Vs. STATE OF TAMIL NADU

Decided On December 20, 2011
K. RAMACHANDRAN Appellant
V/S
STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, CHENNAI AND ANOTHER Respondents

JUDGEMENT

(1.) The petitioner was working as an Assistant Executive Engineer in the Public Works Department during the year 1995-96 and his name was not included in the panel of the Assistant Executive Engineer for the year 1995-96 for promotion to the post of Executive Engineer. The reason for non inclusion of his name is that a charge memo dated 17.12.1994 issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was pending against him at that time. The 17(b) proceedings resulted in imposition of punishment of stoppage of increment for two years with cumulative effect by an order in G.O. (2D) No. 42, Public Works, dated 9.4.1997. The petitioner successfully challenged the same before the Tamil Nadu Administrative Tribunal and the Tribunal by an order dated 3.3.2000 in O.A. No. 3284 of 1997, quashed the punishment order.

(2.) Based on the order dated 3.3.2000 in O.A. No. 3284 of 1997, the Government issued G.O. Ms. No. 277, Public Works (A1) Department, dated 30.5.2000 including the name of the petitioner in the panel of Assistant Executive Engineer for the year 1995-96 at appropriate place for promotion to the post of Executive Engineer. He was placed below one Mr. K. Singaralingam and above one Thiru. Velusamy.

(3.) Pursuant to the same, the petitioner was also included by the same G.O. by including his name in the panel of Executive Engineer fit for promotion to the post of Superintending Engineer for the year 1999-2000 and he was placed below one Mr. Singaralingam and above one Mr. Velusamy.