LAWS(MAD)-2022-7-412

V. MURALIDHARAN Vs. SECRETARY TO GOVERNMENT, CHENNAI

Decided On July 18, 2022
V. MURALIDHARAN Appellant
V/S
SECRETARY TO GOVERNMENT, CHENNAI Respondents

JUDGEMENT

(1.) The order of rejection, rejecting the claim of the writ petitioner for inclusion of his name for promotion to the Post of Secretary to Regional Deputy Director of Government Examinations in the panel of the year 2014- 15 is under challenge in the present writ petition.

(2.) The petitioner joined as a Junior Assistant on 7/8/1987 in the Department of Government Examinations. He was promoted as Assistant in the year 1998 and as Superintendent in the year 2009. The next avenue for promotion is to the post of Secretary to Deputy Director of Government Examination and the crucial date is 1/9/2013 for the panel of the year 2014-15. However, the name of the writ petitioner was not considered on the ground that the cheque period with reference to the punishment of stoppage of increment imposed on the petitioner in a departmental disciplinary proceedings. Further, it is contended that the punishment of censure earlier imposed also expired before the crucial date of the panel of the year 2014-15.

(3.) The counter filed by the 3rd respondent also reveals that the name of the writ petitioner was not recommended in the list of promotion for the year 2014-15. His junior Smt.Sailakshmi and others had been recommended for promotion to the post of Secretary to the Deputy Director of Government Examinations. The case of the writ petitioner was not considered, since he is facing the charges and the currency of punishment is within the cheque period of five years and thus, his name was not recommended.