S ABDUL SALAM SAHIB Vs. K PARAMESWARI

JUDGEMENT

(1.) S .Abdul Salam Sahib, who figured as 3rd respondent in W.P.No.5665/2012 is the sole appellant in W.A.No.1107/2014. The Secretary to the Government of Tamil Nadu, Housing and Urban Development Department, Chennai - 9 and the Directorate of Town and Country Planning, Chennai (Respondents 1 and 2 in the said writ petition) are the appellants in W.A.No.1107/2014. Both the writ appeals have been preferred against the order of the learned single Judge dated 30.08.2012 made in W.P.No.5665/2012, wherein the first respondent Parameswari (writ petitioner) had prayed for a writ of certiorari calling for the records relating to the proceedings of the first appellant in G.O.(D) No.19 Housing and Urban Development Department dated 15.02.2012 and to quash the same.

(2.) S .Abdul Salam Sahib, the appellant in W.A.No.2583/2012 (3rd respondent in W.P.No.5665/2012) was initially appointed as Junior Assistant on compassionate ground on 15.03.1982 and he was posted to the office of the Directorate of Town and Country Planning, Chennai in 1986, more specifically, on 15.12.1986. He was temporarily promoted as Assistant under Rule 39(a)(i) of the Tamil Nadu Subordinate Services Rules and he joined as Assistant on 29.12.1986. K.Parameswari, the first respondent in both the writ appeals/writ petitioner was appointed in the same department as Junior Assistant through Employment Exchange on 06.04.1981 under Rule 10(a)(i) of the General Rules of Tamil Nadu Subordinate Services Rules. She was regularised with effect from 25.06.1984 by G.O.Ms.No.996 dated 22.09.1984 along with other 10(a)(i) candidates. However, Abdul Salam Sahib, the appellant in W.A.No.2583/2012, having been appointed regularly on compassionate ground, was regularised in the post of Junior Assistant with effect from 15.03.1983 itself. In view of the same he was considered to be senior to Parameswari, the first respondent in both the writ appeals in the cadre of Junior Assistant. When vacancy in the promotional cadre, namely the cadre of Assistants arose, he was temporarily promoted under Rule 39(a)(i) of Tamil Nadu Subordinate Services Rules and he joined duty as Assistant on 29.12.1986. When regular promotions were sought to be made, panel for the year 1987 was prepared and the crucial date for the preparation of the panel was admittedly 01.03.1987.

(3.) IN the regular panel prepared on 08.10.1987 in R.O.C.No.128/A/1987/E4, Abdul Salam Sahib's name was not included, whereas the first respondent Parameswari's name and other juniors of Abdul Salam Sahib were included and promoted as Assistants. The same resulted in his reversion as Junior Assistant with effect from 14.10.1987. His name was omitted to be included in the panel for the year 1987 on the premise that he had been issued with a Charge Memo dated 18.08.1987 under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Of courses it is true that the said charge, at the end of enquiry, resulted in imposition of a punishment of stoppage of increment for six months without cumulative effect and such an order of punishment came to be passed in the proceedigns of the Directorate of Town and Country Planning, Chennai vide Roc.No.19870/1987/E4 dated 08.03.1988. In view of the punishment of stoppage of increment for six months, his name was not included in the panel for the year 1988 also. However, his name was included in the supplementary panel prepared for the year 1988 and he was promoted on regular basis as Assistant on 15.12.1988.