A ARASU Vs. GOVT OF TAMILNADU

JUDGEMENT

(1.) THE Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the respondents especially the first respondent made in G.O.(D) No.271 Co.operation, Food and Consumer Protection Department, dated 16.12.2002, and quash the same as null and void, illegal and invalid and consequently direct the respondents, to include the petitioner's name in the second respondent's panel Na.Ka " 54404/96 Pa.Tho-1, dated 26.03.1998, in between S.No.6617 S.Seshagiri and S.No.6625 V.Manoharan promoting him as Co-operative Senior Inspector with effect from 01.05.1995 with all service and monetary benefits.

(2.) HEARD the learned counsel for the petitioner as well as for the respondents.

(3.) THE petitioner had submitted that there was no punishment in currency on the crucial date of 01.05.1995 and not even the charges had been framed on that date. Further, on the date of the revised panel i.e. 26.03.1998 there was no currency of punishment since the currency of the punishment was only from 01.10.1996 till 30.09.1997. However, the respondents had stated that on the date of the revised panel i.e. 26.03.1998, the said period was in existence. i.e. period of one year following the period for which the punishment has been imposed. In paragraph 4 of G.O.Ms.No.70, Food and Consumer Protection Department, dated 18.03.1996, it is stated that the government have examined the proposal of the Registrar of Co-operative Societies in detail and have decided to accept it. Accordingly, in exercise of the powers conferred under rule 48 of the General Rules for Tamil Nadu State and Subordinate Service, the Governor of Tamil Nadu had extended the relaxation given to the Junior Inspectors of Co-operative Societies, who are covered by the Government order, G.O.Ms.No.116, Co-operation, Food and Consumer Protection Department, dated 17.05.1995, to all the Junior Inspectors of Co-operative Societies selected through Special Qualifying Examination who have not passed the Departmental Tests and District Office Manual test subject to the condition that they should pass these tests within a period of 3 years from the date of promotion as Senior Inspectors of Co-operative Societies failing which their subsequent increments shall be withheld till they qualify in these tests.