T. VELMURUGAN Vs. REGISTRAR-GENERAL

JUDGEMENT

(1.) The relief sought for in the present writ petition is to direct the second respondent to promote the petitioner to the post of Senior Sheristadar (Category-II) for the existing vacancies as per the report of the third respondent dtd. 29/4/2019 and fix the seniority of the petitioner herein as on 1/7/2018 as per the existing Seniority List with back wages.

(2.) Promotion cannot be claimed as an absolute right. Consideration for promotion is a fundamental right of an employee. All promotions are to be granted strictly in accordance with the Rules in force. Whenever the process of promotion is undertaken, the Competent Authority has to consider the names of all the eligible persons, who all are waiting to secure promotions in accordance with the Rules in force.

(3.) In the present case, the petitioner is facing departmental disciplinary proceedings. A charge memo under Rule 17(b) of the Discipline and Appeal Rules, was issued and the petitioner filed a writ against the charge memo, which was dismissed. Subsequently, after completion of enquiry proceedings, second show cause notice issued seeking further explanations, is also challenged by way of another writ petition, namely, WP No.12671 of 2022 which is dismissed on 1/3/2024.