INSPECTOR GENERAL OF REGISTRATION Vs. S. ANBAZHAGAN

JUDGEMENT

(1.) This writ appeal is directed against the order dtd. 23/4/2014 passed by the learned Single Judge in W.P.No.27746 of 2010.

(2.) The respondent herein filed the aforesaid writ petition to direct the appellant herein to include his name in the panel of "Junior Assistants" fit for promotion as "Assistants" for the year 1998-1999, on a par with his juniors. The writ court relying on a Full Bench decision of this court in The Deputy Inspector General of Police, Thanjavur Range v. V.Rani, 2011 (3) CTC 129, allowed the writ petition holding that, after the currency of the punishment period, the government servant is entitled to be considered for promotion to the next post without having to wait for any further time on the ground of check period. Assailing the said order, the present appeal has been filed.

(3.) Learned Additional Advocate General, appearing on behalf of the appellant, contended that subsequent to the decision of the Full Bench of this court in V.Rani, supra, the Government vide G.O.Ms.No.22, Personnel and Administrative Reforms (S), dtd. 24/2/2014, amended the General Rules for the Tamil Nadu State and Subordinate Services and by virtue of the Clause (1-HH), which was given retrospective effect from 27/8/2003, the writ petitioner/ respondent herein is not entitled to be considered for promotion. However, the learned Single Judge without considering the subsequent amendments brought in by the aforesaid government order has erroneously held that the concept of 'check period' has been abolished.