K SRINIVASAN Vs. SECRETARY TO GOVERNMENT FINANCE DEPARTMENT

JUDGEMENT

(1.) THE petitioner has prayed for a direction to the respondents to promote him by encadering isolated post of Cash Clerk with promotional avenues, with effect from the date on which his immediate junior was promoted with all monetary and services benefits.

(2.) HE has also filed another writ petition in W.P. No. 19593 of 2006 seeking for a direction to the respondents to revise the pay scale of the petitioner on par with that of his junior with effect from the date on which his junior was promoted as Assistant Section Officer and Section Officer and for other orders.

(3.) THE petitioner has further submitted that the post of Cash Clerk in Public (Bills) Department is a solitary post in Secretariat and that there is no promotional avenue to the post. THE grievance of the petitioner is that though the post of cash clerk was equivalent to the post of Assistant, the Government did not consider his post for inclusion as a feeder category for promotion to any higher posts, thereby, withheld him in the post of cash clerk for many years, since 1982, without any promotion. THE petitioner has contended that the Government in G. O. Ms. No. 221 P & AR Department dated 10.5.1990 have emphasized that, if the relaxation is once given exempting the person from possessing qualifications/passing department/special test and other obligatory tests prescribed for the post, it should be held valid for all further promotions. THErefore, petitioner has contended that once the qualification for appointment to the post of cash clerk is relaxed, he is entitled to be considered for further promotion to higher post. Pursuant to G. O. Ms. No. 1125, Finance (Pay Commission) Department dated 16.10.1989, the scale of pay of the petitioner the post of cash clerk was fixed at Rs.975-1660. THE petitioner has made several representation setting out the duties and responsibilities attached to the post of cash clerk that are equivalent to the post of assistant in secretariat, to consider his case for promotion. However, the petitioner was transferred and posted on 12.07.1995 to Home (Bills) Department in the scale of Rs.975-25-1150-30-1660. As the representation have not been considered by the respondents, the petitioner was constrained to file the above Original Application before the Tamil Nadu Administrative Tribunal, Chennai for relief as stated supra.