N BOSE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both sides, the Writ Petition itself is taken up for final disposal.

(2.) THE prayer in this Writ Petition is to issue a Writ of Certiorarified Mandamus calling for the records relating to the first respondent vide G.O (2D) No.20, School Education (Me.Ni.Ka.1) Department, dated 13.04 2007 and his letter No.8353/A1/2007-17, dated 31.08.2007 and to quash the both the orders, consequently direct the first respondent to promote the petitioner as District Educational Officer, over and above the petitioner's immediate junior V. Natarajan, by according all other benefits including new scale of pay applicable for District Educational Officer, increments and all other monetary and attendant benefits w.e.f. 30.07.2007.

(3.) THE impugned order of punishment and denial of promotion is challenged on two grounds, namely the suo mote action was taken by the first respondent, after a lapse of seven years and the same is unreasonable and the same has caused great prejudice to the petitioner, particularly when he was eligible to be promoted as District Educational Officer, based on his seniority. THE second ground of attack is that the petitioner was not given any notice or opportunity of hearing by the first respondent before enhancing the punishment from one of warning to that of withholding of increment for one year without cumulative effect.