(1.) THE petitioner was appointed as Junior Assistant through the Tamil Nadu Public Service Commission on 22.11.1989 in the Health Department in Nagapattinam. He was promoted as Assistant by an order dated 17.12.1993.
(2.) BUT the order of promotion was cancelled by the first respondent by an order dated 8.2.1994 due to disciplinary action that was initiated against him was pending. The Deputy Director of Health Services, Thiruvarur issued an order dated 24.3.1994, to the effect that the final orders on the disciplinary proceedings initiated against the petitioner was issued vide order dated 17.3.1994 imposing the punishment of stoppage of increment for 6 months without cumulative effect. Thereafter, the petitioner was promoted as Assistant vide proceedings dated 19.4.1994.
(3.) THE respondents have filed a counter affidavit. The crux of the averments made in the counter affidavit is that the petitioner was inadvertently promoted from 5.5.1994 and hence he is deemed to have been promoted as Assistant with effect from 2.5.1997 by including his name in the panel for the year 1996, by the impugned order dated 4.2.2009.