R.KARUNANITHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner prays for issuance of a Writ in the nature of Certiorari to quash G.O.Ms.No.54 dated 30.03.2012 ordering the petitioner to be eligible for promotion for the year 1999, for the reason that his immediate junior Thiru.M.Perumal (SC Category) (1996/Rank No.20) was included at Sl.No.1 in the list of Commercial Tax Officers for the year 1999 in (SC) category.

(2.) THE impugned order is in favour of the petitioner. The learned counsel for the petitioner vehemently contends that the petitioner was fully eligible for promotion in the year 1998 itself for having cleared all the tests for promotion, therefore, he should have been empanelled for the year 1998 and not 1999.

(3.) ON consideration, I find no force in the contention of the learned counsel for the petitioner. A person does not get right of promotion only on eligibility, but as and when promotions are actually made. In this case, the petitioner was not considered for promotion on account of punishment awarded to him. The order of punishment on appeal did not stand on the test of scrutiny of law and was quashed.