V S SUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in this writ petition is to direct the respondents to promote and include the name of the petitioner in the seniority list of Assistant Cadre prepared by the 3rd respondent through his proceedings ROC W4/18161/84 dated 06. 03. 1984 in an appropriate place and consequently promote the petitioner herein as Extension officer, and further as Deputy Block Development Officer with all attendant benefits.

(2.) THE brief facts in this case as stated in the affidavit is that the petitioner was appointed as Junior assistant in Edappadi Panchayat Union Office, Sankari Taluk, Salem District on 18. 01. 1961 and his service was regularised from the date of appointment. THE petitioner was promoted as Head Clerk on 25. 05. 1964 and the petitioner also passed all the departmental tests prescribed for promotion as Assistant in the year 1967. THE petitioner was placed under suspension on 05. 08. 1983 by the third respondent based on certain allegations and a criminal case was registered and the same was tried as in CC No. 304/84 on the file of the judicial Magistrate II, Sankari. THE petitioner even though was originally convicted, the same was set aside in CA. No. 49/93 by the Additional Sessions judge, Salem . THE petitioner was proceeded departmentally and due to the pendency of the departmental proceedings, he was not given promotion. According to the petitioner, the Government in G. O. Ms. No. 77, Rural Development Department dated 22. 07. 2004, dropped all the departmental proceedings against the petitioner on the ground that none of the charges against the petitioner was proved. According to the petitioner, he retired on attaining the age of superannuation on 30. 11. 2000 and his promotion due from time to time was denied due to the pendency of the departmental proceedings initiated on 17. 05. 1984. THE learned counsel for the petitioner submitted that since departmental proceedings are dropped through g. O. Ms. No. 77 Rural Development Department dated 22. 07. 2004, the petitioner is entitled to get due promotion from the day of his junior who was given promotion. THE petitioner submitted a representation to the District Collector, who is the third respondent herein on 17. 04. 2005 and claimed promotion as it has been given to his junior namely (a) M. Balambal, who was placed in S. No. 325 and (b) A. Basrudeen, who was placed in S. No. 327.