D DAYALAN Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner prays for writ of Certiorarified Mandamus to direct the respondents to include the petitioners' name as per seniority in the promotion panel dated 11.3.1997 published by the first respondent and to direct the respondents to promote them as Assistants and to give all the consequential benefits.

(2.) The three petitioners are working as typists. They were originally appointed during the year 1980 and subsequently, they were promoted as typists with effect from the year 1988. They had passed Accounts Test in the year 1990, 1989 and 1993 respectively. They also passed the Tamil Nadu Government Office Manuel Test in November 1996.

(3.) The petitioners contend that the next promotion post to the typist is the post of Assistant. It will be filled up by taking into account of the overall seniority in the post of Junior Assistant, Shorthand-Typist, Typist and Clerk-cum-Typist. The method of recruitment for the post of Assistant is by promotion from the said four categories. Even though the qualification prescribed in the unapproved by-law for promotion as Assistant is a pass in the Account Test and a Pass in the D.O.M. Test, all along seniority alone was the main consideration. Even in the proceedings of the Deputy Commissioner of Chennai Corporation dated 25.4.1994, 19 persons have been promoted as Assistants with a condition that they should pass the District Office Manual Test within one year from the date of joining as Assistants. Even recently in the proceedings of the Commissioner dated 23.9.1996, two persons have been promoted as Assistants with a condition to pass the D.O.M. Test within one year from the date of joining as Assistants. Therefore, it was clear that the seniority alone was the main basis for consideration.