LAWS(MAD)-2007-11-644

TAMIL NADU TEMPLE EXECUTIVE OFFICERS FEDERATION REP BY ITS GENERAL SECRETARY, N VELAPPAN Vs. SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT AND COMMISSIONER OF HINDU RELIGIOUS CHARITABLE ENDOWMENTS

Decided On November 21, 2007
Tamil Nadu Temple Executive Officers Federation Rep By Its General Secretary, N Velappan Appellant
V/S
Secretary To Government, Government Of Tamil Nadu, Hindu Religious And Charitable Endowments Department And Commissioner Of Hindu Religious Charitable Endowments Respondents

JUDGEMENT

(1.) Brief facts leading to the Writ Petition are as follows:

(2.) The petitioner has further submitted that the second respondent published a panel, by which, one out of three posts in the category of Executive Officers Grade III was directed to be filled up by transfer and the rotation is as follows:

(3.) The petitioner has further submitted that in Ministerial service, a Junior Assistant or Assistant gets promotion within 5 to 6 years. A Junior Assistant is equivalent to Executive Officer Grade IV and in the normal course, he is advanced to the next promotional post of Assistant within five years of his entry into service and within five years thereafter, he is normally expected to get his promotion as Inspector of HR & CE. By bringing in the post of Inspector within the zone of consideration for promotion to the post of Executive Officers Grade II, the promotional avenues of Executive Officers Grade III working in the Tamil Nadu HR & CE Subordinate Service is considerably reduced. In so far as the Tamil Nadu HR & CE Subordinate Service is concerned, a person working in the category of Executive Officer Grade IV has to wait for five years to get his promotion to the post of Executive Officers Grade III and after 15 years, he gets his next promotion as Executive Officer Grade II. As between persons working in two services, viz., Subordinate service and Ministerial service in the same department, persons working in the later, march over the Executive Officers and they reach upto the level of Joint Commissioner of HR & CE. On the other hand, a promotee from subordinate service cannot even imagine to become an Assistant Commissioner of HR & CE.