N. SEKAR Vs. NIRANJAN MARDI

JUDGEMENT

(1.) The petitioner has filed the Writ Petition No. 12681 of 2015 before this Court challenging the order passed by the first respondent herein in G.O. Ms. No.624, Home Department (Court) dated 21.08.2012 and the consequent letters of rejection dated 10.03.2015 and 20.02.2015 and quash the same and further direct the respondents herein to grant exemption to the petitioner from writing Criminal Judicial Tests Part I and II and to consider him for promotion to the post of Superintendent in the office of the third respondent.

(2.) According to the petitioner, he was appointed as Junior Assistant on adhoc basis by proceedings of the District Collector, Dindigul dated 14.07.2003 and he was posted in the office of the Revenue Divisional Officer, Dindigul on 28.07.2003. Subsequently, he was transferred and posted to work as Junior Assistant in the office of the Tahsildar, Vedachandur, Dindigul District by proceedings dated 31.12.2005. Thereafter, the petitioner was selected and appointed to the cadre of Junior Assistant after he was selected in the competitive examinations conducted by the Tamil Nadu Public Service Commission in the year 2007. His services were regularised with effect from 02.06.2009 vide proceedings dated 28.07.2010. According to the petitioner, for promotion to the post of Superintendent in the office of the Director of Prosecution, from among those who are holding the post of Assistant, persons who do not possess Law qualification, should pass the departmental tests in Criminal Judicial Tests - parts I and II. While so, his immediate Senior Mr. Moni, who was working in the office of the Deputy Director of Prosecution, Tirunelveli and who did not possess law qualification or passed the Criminal Judicial Tests - Parts I and II was given promotion to the post of Superintendent in the year 2010. Further, when vacancies in the post of Superintendent arose during the year 2010, the petitioner sought for exemption from writing the Criminal Judicial Tests - Parts I and II inasmuch as he had already acquired a Graduation in law. On the basis of the application of the petitioner, the third respondent requested the second respondent, through his letter dated 06.09.2010, to exempt the petitioner from appearing in the Criminal Judicial Tests - Parts I and II. The second respondent in turn addressed a letter dated 03.09.2013 to the first respondent to exempt the petitioner from writing the examination as a condition precedent for conferring him promotion to the post of Superintendent especially when already he has acquired the Degree in law. While so, the Government, by G.O. Ms. No.624, Home (Courts-VIA) dated 21.08.2012, prescribed the passing of Criminal Judicial Tests - Parts I and II as a condition precedent for promotion to the post of Superintendent, whereas, according to the petitioner, even before the issuance of the said Government Order, the petitioner sought for exemption and it was also forwarded to the first respondent. While so, the first respondent, based on the aforesaid order in G.O. Ms. No.624 dated 21.08.2012, rejected the claim of the petitioner by an order dated 20.02.2015. Challenging the same, the petitioner has filed the writ petition for the relief stated supra.

(3.) When the writ petition was taken up for hearing, this Court, by order dated 29.11.2016, allowed the writ petition in part by directing the respondents to exempt the petitioner from writing Criminal Judicial Tests - Parts I and II. As regards the claim of the petitioner for promotion, this Court directed the respondents to consider the claim of the petitioner for promotion as per the available vacancy in the office of the third respondent and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. To be specific, in para No.11 of the order dated 29.11.2016, this Court observed as follows:-