DISTRICT COLLECTOR Vs. S SASISIVANANDAM

JUDGEMENT

(1.) This writ appeal is filed against the order made in W.P. No. 16697/2007 dated 12.10.2011, wherein the prayer made by the respondent to quash the order of the first appellant dated 04.10.2002 as well as the order of the second appellant dated 21.04.2013 and for a direction to the appellants herein to include the name of the respondent in the panel of Rural Welfare Officers Grade-I for promotion as Extension Officers drawn for the year 202 in the appropriate place above his immediate junior and for a consequential direction to the respondents to promote the respondent as Extension Officer with effect from 07.04.2003 from the date of promotion of his juniors with all consequential monetary and service benefits, was allowed by the learned Single Judge with a direction to the appellants to include the name of the respondent in the panel of Rural Welfare Officer Grade I fit for promotion to the post of Extension Officer for the year 2002 and also promote the respondent from the date on which the immediate junior, namely one Jayaramachandran was promoted and the appellants were directed to complete the said exercise within a period of eight weeks.

(2.) It is seen from the order of the learned Single Judge that non-inclusion of the name of the respondent in the panel prepared on 01.03.2002 was on the ground that he has not rendered one year service as Rural Welfare Officer Grade I. The learned Single Judge, taking note of the fact that acquiring service qualification namely service of one year as Rural Welfare Officer Grade I by the respondent was not at his hands and it is for the department to continue with the person in the post of Rural Welfare Officer Grade-I and the employee has no control over the said post. The learned Single Judge following the judgment of this Court made in W.P. Nos. 47872 and 47885 of 2006 and 7791 of 2007 dated 04.09.2007, has allowed the writ petition with the above directions. The said decision of the learned Single Judge of this Court was relied on by a Division Bench of this Court in which one of us [N. Paul Vasanthakumar, J.] was a party in W.A. No. 1582/2011 dated 18.02.2013. In the said case, the contention of the appellant (Government Servant) was that posting the appellant in a particular post is the responsibility of the department and the same is evident from the Circular issued by Government in Letter No. 36347 S 99-1, P&AR Department, dated 11.01.2000 wherein a direction was issued to all secretaries of various departments to see that persons to be promoted should have required service qualification. The said Letter of the Government reads as follows:

(3.) Hence, this Writ Appeal is dismissed with a direction to the appellants to implement the order of the learned Single Judge made in W.P. No. 16697/2007 dated 12.10.2011 within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.