M NITHIYANANTHAM Vs. SECRETARY TO GOVERNMENT, HOME

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 2 and 3 to grant promotion to the petitioner to the post of Bench Clerk Grade-I, on par with his juniors, namely (1) M.Kelappan, Sheristadar, Sub-Court, Poonamallee and (2) D.Rajendran, Sheristadar, Sub-Court, Tiruvallur, who were promoted as Bench Clerk Grade I with effect from 01.10.2015, the date on which the petitioner's juniors were promoted, with all consequential monetary and other attendant benefits with consequential missed promotions.

(2.) It is the case of the petitioner that he joined duty as Copyist in the administration of the Principal District Court, Chengalpattu and subsequently transferred to the third respondent-Court (Principal District Court, Tiruvallur District), and he held various posts by promotion and lastly he was working as Central Nazir. On 31.05.2016, by proceedings in D.No.2600/A/2016, the petitioner was allowed to retire from service, pending clearance of Vigilance Certificate from the High Court and the relevant portion of the said proceedings, dated 31.05.2016 reads as follows:

(3.) Earlier, On 22.05.2015, vide proceedings in No.2856/2015, charges were framed against the petitioner and upon initiation of disciplinary proceedings, vide letter No.546/2015, dated 30.10.2015, the Additional District Judge submitted the report. The disciplinary authority, namely the third respondent herein, by proceedings in No.6285/2015, dated 28.12.2015, dropped the action that was initiated against the petitioner.