P STANLEY PAULRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is directed against the order dated 25 September 2012 on the file of the first respondent rejecting the request made by the petitioner for promotion to the post of Executive Engineer and Superintending Engineer under the pretext that disciplinary proceedings initiated by the department vide charge memo dated 24 August 2012 is pending.

(2.) This writ petition has got a chequered history. The petitioner has been approaching this Court time and again with a request to consider his claim for promotion. The first respondent has been denying the said request by citing one reason or the other.

(3.) The petitioner was initially appointed as Assistant Engineer on 30 October 1979 through the Tamil Nadu Public Service Commission. He was relieved from service on 15 May 1987 on the ground that Kodumudiyar Reservoir Scheme has been disbanded. Subsequently, he was given re-posting in the year 1991. The petitioner was entitled to be promoted as Assistant Executive Engineer as per the seniority list by including his name in the panel for the year 1997-98. Though his juniors were promoted, the petitioner was not given promotion. Pendency of the charge memo dated 17 May 1993 was cited as the reason for denial of promotion. The Government ultimately imposed a punishment of stoppage of increment for three years with cumulative effect vide order dated 27 December 2001. The review petition filed by the petitioner against the said punishment was allowed by the Government vide order dated 27 January 2005. The Government set aside the punishment of stoppage of increment for three years with cumulative effect and remanded the matter back to the Chief Engineer for framing fresh charges to conduct fresh enquiry and to submit a report for passing appropriate orders. The Chief Engineer issued a charge memo dated 23 March 2005 and after conducting enquiry submitted a report to the Government. The Government considered the said report and passed an order to drop the charges. The absence of the petitioner was regularised vide order dated 20 September 2010.