R.MUTHULAKSHMI Vs. COMMISSIONER OF TOWN PANCHAYATS

JUDGEMENT

(1.) R.Muthulakshmi, who was initially appointed as Office Assistant in the Town Panchayat Office at Sendarapatti on 12/6/1989 and subsequently declared to have completed the period of probation on 10/12/1991 A.N., has come to this Court with the present Writ Petition, challenging the impugned order passed by the 2nd respondent dtd. 23/4/1996 and also the order passed by the 1st respondent declaring the petitioner ineligible to the post of Record Clerk in Na.Ka.No.16530/2008 A3 dtd. 30/12/2008, to quash the same with a further direction, directing the respondents to promote her as Record Clerk retrospectively from the date of initial appointment of her junior with all consequential service and monetary benefits.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner was initially appointed as Office Assistant in the Town Panchayat Office at Sendarapatti on 12/6/1989 and after satisfactorily completion of the period of probation on 10/12/1991, her name was shown in the Seniority List of the Office Assistant working in the Town Panchayat Office in the Administrative Branch of the Salem District. The then Town Panchayat Officer in his Proceedings in Na.Ka.No.72264/89/P3 dtd. 1/4/1991 has issued the seniority list of the Office Assistants in Salem District Town Panchayat Union and in the said list the name of the petitioner has been placed at Sl.No.45. While so, the petitioner's next higher promotional post is Record Clerk which is the promotional post from the feeder category of Office Assistant. As per the qualifications mentioned in the Tamil Nadu Town Panchayat Establishment Rules 1988 issued vide G.O. (Ms.) No.205, Rural Development Department, dtd. 23/3/1989 under Annexure to Special Rule A of Rule 4, the petitioner is qualified and has become eligible for the post of Record Clerk. For Category II, namely, Record Clerk, an Office Assistant should have completed SSLC and must be an approved probationer in the category of Office Assistant. Therefore, when the petitioner has acquired the qualification for the promotional post of Record Clerk from the post of Office Assistant, the respondents without appreciating the qualification mentioned under the relevant rule cannot refuse to promote the petitioner as per the ranking given in the Seniority List prepared by the then Town Panchayat Officer, Salem, vide his Proceedings in Na.Ka.No.72264/89/P3 dtd. 1/4/1991.

(3.) The learned Counsel for the petitioner further submitted that at the time of preparing the promotional panel, the then Town Panchayat Officer, Salem, has found the petitioner eligible for the post of Record Clerk which shows that the then Town Panchayat Officer, Salem has rightly appreciated the qualification to be possessed for the promotional post of Record Clerk from the post of Office Assistant. But, at the time of giving promotion to the petitioner, the respondents 1 and 2 without even adverting to the qualification mentioned under Annexure to Special Rule A of Rule 4 referred to herein above, they have wrongly found the petitioner ineligible and passed the impugned orders. Therefore, the same is liable to be set aside.