S.DEENADAYALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking to issue a writ of mandamus, directing the respondents to consider the candidature of the petitioners for promotion to the post of Assistant Manager.

(2.) The case of the petitioners is that the petitioners were appointed in the services of Tamil Nadu State Apex Co-operative Bank in the year 1996 and they are continuing to work till date. It is the further case of the petitioners that they were promoted as Assistants and the next level of promotion is to the post of Assistant Manager. There was a large vacancy to the said post and therefore, the petitioners made a representation for promoting them to the post of Assistant Manager. Since the same was not considered, the present writ petition has been filed before this Court.

(3.) The learned counsel for the petitioners submitted that the petitioners have all completed Under Graduation through Open University System from various universities. The learned counsel submitted that the UGC regulations provides for taking an entrance test and completing the Under Graduate course, even without completing 10+2. The learned counsel further submitted that the petitioners did the three year Under Graduation course only after taking permission from the Bank. The learned counsel submitted that the respondents cannot be allowed to rely upon G.O.Ms.No.107, dated 18.08.2009, since the petitioners became entitled to be considered for promotion, even in the year 2001-2006. The learned counsel submitted that this Government Order cannot be given retrospective effect and therefore, the request of the petitioners will have to be considered, by taking into consideration the rules that were provided as on 2001-2006.