K.S.SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed challenging the order of the 1st respondent by the Proceedings Letter No.52811/Finance(SS)/2010, dtd. 28/11/2011 and to quash the same and to further direct the respondents to give notional promotion to the petitioner to the post of Grade-I Typist in Tamil Nadu Raffle Department with effect from 24/6/2002 and Senior Typist, in Tamil Nadu Secretariat Service with effect from 24/6/2004 with all monetary and service benefits.

(2.) Brief facts:

(3.) Though as stated above, the petitioner had completed 18 years of service in the post of typist as on 24/6/2002 and a representation was also submitted for appointing the petitioner as Grade-I typist from 25/6/2002 in terms of G.O.Ms.No.45. However, as the Raffles Department was disbanded the petitioner was required to report to the Finance Department in terms of the Government orders referred above. The petitioner was absorbed as Typist in the Finance Department with effect from 7/11/2003 and probation was declared in the post of Typist in Secretariat on 10/5/2006. The petitioner had passed Foundational Training Test. Despite the repeated requests and reminders the petitioner was finally informed vide impugned order dtd. 28/11/2011 that the request for appointment as "Selection Grade Typist" is not feasible of compliance inasmuch as creation of post of Typist Grade-I is a one time affair in terms of G.O.Ms.No.45 and no post of "Typist Grade-I" has been created in the Directorate of Raffles/ Directorate of small Savings Department nor can it be created now inasmuch as the Raffles Department itself has been disbanded.