P . SUBBURAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Writ Petition has been filed praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pursuant to the impugned order dated 10.03.2017 and quash the same and consequently direct the 2nd Respondent to implement the order passed by the 1st Respondent and consequently issue direction to the Respondents to promote the Petitioner to the post of Superintendent based on the recommendations made by the 3rd Respondent on par with his juniors with all attendant and monetary benefits. The petitioner has come forward, challenging the Government Order dated 10.03.2017 impugned herein and consequently to implement G.O.(D) No.134, Municipal Administration and Water Supply Department dated 12.08.2015.

(2.) The case of the petitioner is that he was appointed as Night Watchman on 12.03.1990. The petitioner was promoted as Junior Assistant and he has completed training at Bhavanisagar in the year 2002 and thereafter, the petitioner's service has been regularised. The petitioner was promoted as Junior Assistant and he has completed training at Bhavanisagar in the year 2002 and thereafter, the petitioner's service has been regularized. By his dint of hard work, he got subsequent promotion and at present, he is working as Assistant.

(3.) When there was a tentative seniority list prepared in the year 2010, the petitioner made his objection with regard to finalization of seniority, which made him to prefer an Appeal and thereafter, non-consideration of the Appeal made him to approach this Court by filling W.P.(MD) No.11723 of 2015. This Court by order dated 13.07.2015 directed the respondents to consider the Appeal within a period of three months. By G.O.(D) No.134, Municipal Administration and Water Supply Department dated 12.08.2015, Appeal was allowed and the Government passed a G.O., with regard to re-fixation of seniority and in the year 2015, proposal was sent by the third respondent to the second respondent. Unfortunately, based on the complaint given by one Mustaffa, former Office Superintendent, that the petitioner did not undergo training, the benefit due to the petitioner has been stopped. Apart from that, the petitioner has been reverted to the post of Night watchman on the ground that the petitioner did not undergo training for a period of six months. The Commissioner passed an order that the petitioner did not complete one year training and hence, the petitioner has got to be reverted to the post of Night Watchman apart from recovery of wages/ salary paid to the petitioner in different promoted posts. Challenging the said order dated 10.03.2017, the present writ petition has been filed on the ground that the petitioner, having satisfied the required norms, was considered for promotion to different stages and after two decades, they are trying to set at naught the promotion made to the petitioner and consequently recover the wages paid to him. Hence, he prayed that the impugned order has got to be set aside and the Government Order passed in G.O.(D) No.134, Municipal Administration and Water Supply Department dated 12.08.2015 got to be implemented.