S ARASALINGAM Vs. GOVERNMENT OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY LABOUR AND EMPLOYMENT DEPARTMENT

JUDGEMENT

(1.) This Intra Court Appeal is directed against the order dated 02.12.2016 in WP.No.19797/2014, whereby and whereunder, the learned Single Judge negatived the plea taken by the appellant that he should have been given exemption by invoking the Government Order in G.O.Ms.No.1120, Personnel and Administrative Reforms Department dated 30.10.1984, on account of his completion of 53 years and his failure to pass the Departmental Test for five times.

(2.) We have heard the learned counsel for the appellant and the learned Special Government Pleader appearing for the respondents.

(3.) The appellant joined the services as a Junior Assistant on 11.08.2000. He was expected to pass the Departmental Test for the purpose of considering his case for promotion. Though the appellant made five attempts to clear the test, he was not successful. The name of the appellant was not considered for promotion to the post of Assistant for the year 2011-2012 on account of his failure to pass the Departmental Test. Subsequently, the appellant was given promotion by granting exemption under the Government Order in G.O.Ms.No.1120 dated 30.10.1984. The order by which the claim of the appellant was rejected for promotion for the year 2011-2012 was challenged before the learned Single Judge.