P CHINNADURAI Vs. SECRETARY TO GOVERNMENT COMMERCIAL TAXES AND REGISTRATION DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THIS writ petition is filed for direction against the respondents to consider the claim of the petitioner for promotion as District Registrar for the year 1999-2000 by including his name in the appropriate place in the panel published by the first respondent dated 3.4.2003 and promote him as District Registrar with all consequential monetary benefits.

(2.) THE writ petitioner was appointed based on selection conducted by the Tamil Nadu Public Service Commission (in short "TNPSC") as Sub-Registrar Grade II on 22.8.1986. He was promoted as Sub-Registrar Grade I by including his name in the panel for the year 1996-97 as per the directions of this Court in W.P.No.15723 of 2008 dated 3.7.2008 and as per the order of the first respondent dated 14.10.2008, he has been serving as Sub-Registrar Grade I. As per the merit list of TNPSC, while appointing him as Sub-Registrar Grade II, his seniority was fixed at No.241. As per tentative seniority list which was published on 1.1.1995, his name was fixed at serial No.148 and serial Nos.149 and 150 related to one Abdul Samad and Rajasekar, who were his juniors as per the seniority list. Even though the petitioner was entitled for promotion as Sub-Registrar Grade I in the panel of the year 1996-97, it was overlooked on the ground that punishment of stoppage of increment for a period of one year without cumulative effect was imposed by the orders of the second respondent dated 21.6.1995 and his junior who was in serial No.150, by name, Rajasekar was included in the panel and he was promoted. His claim for 1997-98 was also not considered on the ground that by order of punishment dated 30.8.1998, the original punishment dated 21.6.1995 was modified into one of stoppage of increment for a period of 3 months without cumulative effect.

(3.) A criminal case was filed against the petitioner by the Vigilance and Anti-Corruption Department, Erode District before the Chief Judicial Magistrate, Erode in Special CC No.16 of 2003 and the trial Court acquitted the petitioner on merits on 26.12.2007. According to the petitioner, by acquittal, there is no impediment for him to get promotion as District Registrar with effect from 30.4.2003, the date on which there was no charge memo pending. Pending the above said criminal case, a charge memo was issued to the petitioner on 28.4.2004 in respect of the same issue involved in the criminal case in respect of which the petitioner had been charge sheeted and later acquitted by the criminal Court and therefore, there is no impediment in considering the claim of the petitioner for promotion as District Registrar for the year 1999-2000 and to promote him as District Registrar with effect from 30.4.2003 on par with his juniors. Hence, the present writ petition has been filed for direction as stated above.