VAMADEVAN NAIR Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed for issuance of writ of Certiorarified Mandamus, calling for the records of the Impugned order of the first respondent in Letter No.22986/E1/2010-7, dated 27.01.2011, quash the same and consequently direct the respondents to promote the petitioner as Assistant Commissioner of Labour with effect from 27.01.2011 with all attended benefits.

(2.) The petitioner joined in the Labour Department as Assistant Inspector of Labour, in the year 1994 and promoted as Labour Officer on 13.10.2000. The next promotion to the petitioner is to the post of Assistant Commissioner of Labour and there are three feeder categories namely Labour Officer, Inspector of Plantation and Inspector of Labour to the promotional post of Assistant Commissioner of Labour.

(3.) As per G.O.Ms.No.101, dated 24.10.2001, there was an amendment to the special rules for the Tamilnadu Labour Service. As per the amendment to the special rules the person who aspires to get promotion to the post of Assistant Commissioner of Labour should possess the minimum general educational qualification and must have passed Departmental Tests of Labour and Factories - Part 'A' & 'B' and should be an approved probationer. The person also should have experience in the post of Labour Officer or equivalent cadre for a period of not less than 12 calender months, 12 months experience in the post of Inspector of Plantation and 12 months experience in the post of Inspector of Labour. It is stated that the first respondent gave promotion to six persons who are working in the post of Inspector of Labour, as Assistant Commissioner of Labour and it is stated that all the six persons are juniors to the petitioners for the year 2010-2011.