T. RAVINDRAN Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to the charge memo, dated 17.02.2005, issued by the third respondent and for a direction to the respondents 1 to 3 herein to fix the seniority of the petitioner in appropriate place above the fourth respondent and promote him for the post of Executive Engineer with all service benefits.

(2.) THE case of the petitioner is that he was appointed as Town Planning Inspector in Dindigul Municipality. Subsequently, he was re -designated as Junior Engineer, with effect from 14.10.1996. As per the Corporation Service Rules, 1996, the post of Assistant Executive Engineer has to be filled up from among the holders of the post of Junior Engineer/Assistant Engineer. However, the claim of the petitioner for promotion was denied on the ground of pendency of charge memo, dated 17.02.2005.

(3.) THE learned Government Advocate appearing for the respondents 1 and 2, on the other hand, relying on the counter affidavit filed by the third respondent, submits that pending charge under Rule 8(2) of the Tiruchirappalli Corporation Employees' [Discipline and Appeal] Rules, [for brevity, "the Rules"] is a bar for promotion and inasmuch as the petitioner has been facing charges under the Rules, his claim for promotion was not considered.