J JANAKI Vs. GOVERNMENT OF TAMIL NADU; TAMIL NADU PUBLIC SERVICE COMMISSION; SECRETARY TO GOVERNMENT REVENUE DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed for the issuance of a Writ of Certiorarified mandamus to call for the records on the file of the first respondent herein in Government Letter No.28127/H1/2013-2 dated 04.10.2013; to quash the same and to direct the respondents herein to include the name of the petitioner in the appropriate place in accordance with her seniority in the panel for promotion to the post of Section Officer for the year 2010-2011 and to promote her as such with retrospective effect from the date of promotion of her immediate junior and to grant her all consequential service and monetary benefits.

(2.) The case of the petitioner is as follows:

(3.) Learned counsel appearing for the petitioner brought to the notice of this Court wherein one Mrs.R.Lalitha, who was similarly placed as that of the petitioner herein, challenged the G.O.(4D) No.41, Personnel and Administrative Reforms Department dated 28.05.2013 in W.P.No.16723 of 2013 and this Court by order dated 02.07.2013 has quashed the said Government Order. Aggrieved against the same, the Government preferred Writ Appeal in W.A.No.1706 of 2013, wherein this Court vide order dated 20.01.2014 had confirmed the order passed by the learned Single Judge by stating that 11 + 1 + 3 pattern is equivalent to 10 + 2 + 3 pattern. He would further submit that the said petitioner was also later promoted as Section Officer vide G.O.(4D) No.23, Personnel and Administrative Reforms (H1) Department dated 09.04.2014. He would further submit that at that relevant point of time, the minimum qualification of degree for the eligibility to the next higher post was not available. Accordingly, he would submit that the Division Bench judgment of this Court is squarely applicable to the facts of the present case. Accordingly, he would pray for a similar direction in this writ petition also.