COMMISSIONER OF TOWN PAN Vs. R.MUTHULAKSHMI

JUDGEMENT

(1.) This intra-court appeal is preferred by the Government, challenging the order passed by the learned Single Judge in W.P.No.12823 of 2009 dtd. 16/4/2019, allowing the writ petition by setting aside the order passed by the second appellant herein and giving promotion to the writ petitioner as Record Clerk on par with her juniors.

(2.) The writ petitioner was originally appointed as Office Assistant in the Town Panchayat Office, Sendarapatti on 12/6/1989 and her probation was declared on 10/12/1991. The District Town Panchayat Officer, in his proceedings in Na.Ka.No.72264/89/P3, dtd. 1/4/1991 had prepared the seniority list of the Office Assistants in Salem District Town Panchayat Union, wherein, the name of the writ petitioner was placed in Sl.No.45. The next promotion level for the writ petitioner was Record Clerk. As per the Tamil Nadu Town Panchayat Establishment Rules, 1988 issued vide G.O.Ms.No.205, Rural Development Department, dtd. 23/3/1989 under Annexure to Sub-rule (9a) of Rule 4, an Office Assistant should have completed S.S.L.C examination and he/she must be an approved probationer for the promotion to the post of Record Clerk.

(3.) According to the writ petitioner, her probation was declared on 10/12/1991 and she had completed her S.S.L.C and therefore, she is qualified to be promoted as Record Clerk from the post of Office Assistant. But, the first appellant had passed the impugned order without considering the said fact and rejected the petitioner as not qualified. Aggrieved by the same, the above Writ Petition was filed, which was allowed by the Writ Court.