W.JOHNSON Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed for writ of Mandamus, directing the respondents to fix the seniority and consequently grant the petitioner's promotions to the post of Assistant with retrospective effect from the date on which similarly placed persons were promoted and consequently promote the petitioner as Superintendent with retrospective effect and grant all consequential benefits including monetary benefits.

(2.) The brief facts of the case are that the petitioner was recruited as Junior Assistant, vide order of the Joint Transport Commissioner, Madurai, dtd. 19/2/2004. The petitioner joined the post on 23/2/2004. Since the petitioner was not regularized, he preferred a writ petition in W.P.(MD)No.14545 of 2014 and based on the order of this Court, the petitioner's service was regularized retrospectively with effect from 23/2/2004. The petitioner has cleared all the exams, which were held in the month of May, 2008 and hence petitioner was fully qualified for the post of Assistant. But, the petitioner's name was not included in the panel for the year 2009-2010.

(3.) The contention of the petitioner is that since he has not completed Bavanisagar Training, his name was not included in the panel and consequently was not granted any promotion to the post of Assistant and Superintendent. Aggrieved over the same, the petitioner had filed another Writ Petition in W.P(MD)No.23038 of 2015 and this Court vide order, dtd. 21/12/2015, directed the respondents to consider the case of the petitioner and pass orders. The respondents, in order to comply with the order, had declared probation vide order dtd. 2/9/2016, with retrospective effect. The order dtd. 2/9/2016, was passed after filing Extension Application before this Court for extension of time to declare probation. Even in the said application, the Government has stated that the petitioner's seniority is fixed in the respective panel of Assistants and after the said fixation, the same is to be forwarded to the Government and the petitioner's name to be included in the promotion to the post of Assistant and Superintendent posts and thereafter, prayed for some time to comply with the order. But, till the date filing of this Writ Petition, no action was taken to include the petitioner's name in the promotion panel whereas, only the probation was declared by passing the order, dtd. 2/9/2016. The respondents with vengeance have not included the name of the petitioner in the panel.