DIRECTOR OF FAMILY WELFARE Vs. S.POORNACHANDRAN

JUDGEMENT

(1.) Instant writ appeal has been filed against the order, made in W.P.No.29074 of 2012, dated 22.08.2017.

(2.) Short facts leading to the appeal are that the respondent was appointed as Block Health Statistician and gradually, promoted as Statistical Assistant, on condition that he should pass the departmental test, within a period of two years and in case, he failed to pass the said test within the period prescribed, he would be reverted to the feeder category. In this connection, Government have issued G.O.(Ms)No.1120, Personnel and Administrative Reforms Department dated 30.10.1984, wherein, it has been clarified that the employees who could not pass the departmental test for promotion, should not be below 53 years of age and should have at least attended the test for 5 times and such attempts should have been registered in the service register of the employee.

(3.) Though the respondent had made 5 attempts to pass the departmental test between 2009 to 2011, he could not pass the test. Considering his age, he made a representation, dated 07.05.2012 to the The Director of Family Welfare, Chennai, first appellant herein, requesting exemption from passing the departmental test. However, the Deputy Director, Medical and Rural Health Services and Family Welfare, Pudukottai, second appellant herein, on the instructions of the Director of Family Welfare, Chennai, the first appellant herein, through proceedings, dated 26.07.2012, passed an order, dated 20.09.2012, directing recovery of increments granted between 01.10.2009 to 31.08.2010, on the ground that he had not passed the required accounts test.