G. MANIMEGALAI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is directed against the impugned proceeding dated 09.01.2015 calling for an explanation from the petitioner, as to why the promotion given inadvertently to the post of Senior Draftsman on 29.03.1984, which is approximately 30 years ago, should not be reconsidered.

(2.) Assailing the impugned order, the learned counsel for the petitioner submitted that the petitioner joined the services under the respondent as Draftsman in Survey and Land Records Department on 20.09.1980 and after completion of two years of satisfactory service, the probation was also declared holding that she has satisfactorily completed the period of probation on 04.10.1982. Thereafter, he has also passed the departmental test viz., Revenue Draftsman Test and Commercial Draftsman Test in the month of May 1981 and November 1983. Taking note of passing of the tests as mentioned above, she was further promoted to the post of Senior Draftsman on 29.03.1984. Subsequently, the respondent also passed an order for regularising the services of the petitioner in the promotional post of Senior Draftsman. Latter on, she was deputed to attend the Survey Training for 28 days from 18.11.1987 to 15.12.1987. After 11 years, she was further promoted as Head Draftsman with effect from 30.10.1998 and her services in the post of Head Draftsman were also regularised from the said date. Again, she was given further promotion to the post of Manager (Technical) on 01.08.2006, and in the said post also, her services were regularised. Finally, she was given yet another promotion to the post of Technical Officer on 21.11.2013. However, on the verge of her retirement, which is on 30.04.2015, the present impugned show cause notice dated 09.01.2015 was issued calling for an explanation from her as to why the promotion given to her to the post of Senior Draftsman on 29.03.1984 should not be reconsidered, since the said promotion was given without considering the requisite qualification thereon. Therefore, it is contended, the present show cause notice issued after a period of 30 years that too, on the verge of her date of retirement, cannot be sustained. It is also further stated that, after the promotion to the post of Senior Draftsman, the petitioner was further given three promotions as Head Draftsman, Manager (Technical) and Technical Officer on 30.10.1998, 01.08.2006 and 21.11.2013 respectively.

(3.) Although this Writ Petition was filed in the year 2015 and notices were issued to the respondents, inspite of sufficient adjournments given on the following dates (ie) 04.11.2010; 07.11.2016; 11.11.2016; 12.05.2017; 13.07.2017; 08.11.2017; 10.11.2017; 24.11.2017; 08.01.2018; 10.01.2018; 23.01.2018; 30.01.2018; 02.02.2018 and 05.02.2018, the respondents have failed to file their counter affidavit, for the reasons best known to them.