M GOVINDARAJ Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is filed to quash the order of the 3rd respondent dated 30. 05. 2002 and to consider the case of the applicant for promotion to the post of Junior Assistant with retrospective effect viz. 1995-1996 and grant notional promotion to the post of junior Assistant with all consequential benefits such as seniority, arrears of pay, etc.

(2.) THE grievance of the petitioner is that the petitioner was appointed as Record Clerk in Panchayat development Department from 10. 01. 1973. As per G. O. Ms. No. 963, Rule Development department Dated 28. 11. 1990, 10% of the vacancy in the cadre of Junior Assistant shall be given by promotion from the cadre of Record clerk and accordingly the applicant was included in the panel for promotion of Junior Assistant. However, the petitioner was not given promotion on the ground that he had passed s. S. L. C. on 13. 07. 1993 in the State of Karnataka . In the impugned order, the District Collector, Dharmapuri stated that the petitioner had secured only 31 marks in Social Science and the same is not to be treated as a pass mark in the State of Tamilnadu . THE District Collector prior to the said order sought for clarifications from the Karnataka Secondary Education examination Board on 12. 09. 2001. THE Karnataka Secondary Education Examination board had replied to the District Collector, clarifing that the petitioner appeared S. S. L. C. , Examination during the month of April 1993 and secured 35% aggregate in S. S. L. C. examination and the same may be treated as pass in s. S. L. C. THE said clarification given by the Karnataka Secondary Education examination Board clearly certified that the petitioner had passed S. S. L. C. , examination.

(3.) IN view of my findings, the impugned order is unsustainable and the petitioner shall be treated as SSLC passed and fulfilled Rule 12 of the Tamil Nadu State and Subordinate Service rules. Since the learned Counsel for the petitioner contended that the petitioner having retired on 30. 04. 2005, his promotion can only be notional for fixation of pay and accordingly, the 3rd respondent is directed to pass appropriate orders within six weeks from the date of receipt of copy of this order.