LAWS(MAD)-2019-2-503

K. SINDHU Vs. DISTRICT COLLECTOR, NAMAKKAL DISTRICT

Decided On February 19, 2019
K. Sindhu Appellant
V/S
DISTRICT COLLECTOR, NAMAKKAL DISTRICT Respondents

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the first respondent to give promotion to the writ petitioner as Noon Meal Organiser in Mohanur Panchayat Union, Namakkal District, in view of 25% ratio reserved for promotion for inservice candidates as laid down in G.O.Ms. No. 163, dtd. 18/8/2010 of Social Welfare and Nutritious Scheme Department by considering the representation submitted the writ petitioner on 20/3/2018.

(2.) The direction sought for to grant promotion per se cannot be granted directly. Promotion can never be claimed as a matter of legal right.

(3.) However, consideration for promotion is a fundamental right of an employee. To fill up the higher post, administrative decision is to be taken by the competent authorities. In the event of taking a decision to fill up the post, then the authorities competent are bound to follow the procedures by preparing the panel of all the eligible candidates, who all are fit for promotion to the post of Noon Meal Organizer with reference to the terms and conditions stipulated in G.O. Ms. No. 163, Social Welfare and Nutritious Scheme Department, dtd. 18/8/2010.