Madras High Court
A. Gangatharan vs The District Collector on 10 January, 2022
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.Nos.7813, 7814, 7815 and 7816 of 2018
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 10.01.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.Nos.7813, 7814, 7815 and 7816 of 2018
and
W.M.P.Nos.9737, 9739, 9741 and 9743 of 2018
A. Gangatharan ... Petitioner in W.P.No.7813 of 2018
A. Elumalai ... Petitioner in W.P.No.7814 of 2018
G. Ganesan ... Petitioner in W.P.No.7815 of 2018
K. Kandasamy ... Petitioner in W.P.No.7816 of 2018
Vs
1. The District Collector,
Villupuram District,
Villupuram.
2. The Personal Assistant to District Collector (Development),
Collectorate,
Villupuram and District. ... Respondents in all the W.P's
PRAYER in W.P.Nos.7813 & 7814 of 2018: Writ Petitions filed under Article
226 of the Constitution of India, praying to issue a writ of Certiorarified
Mandamus, calling for the records connected in Na.Ka.Pa.A1/121/2016, dated
30.12.2016 of the 2nd respondent and quash the same insofar as the petitioner is
concerned and consequently direct the respondents to follow the earlier
probation declaration orders dated 24.09.2012 for promotion on par with his
juniors.
https://www.mhc.tn.gov.in/judis
1/8
W.P.Nos.7813, 7814, 7815 and 7816 of 2018
PRAYER in W.P.Nos.7815 & 7816 of 2018: Writ Petitions filed under Article
226 of the Constitution of India, praying to issue a writ of Certiorarified
Mandamus, calling for the records connected in Na.Ka.Pa.A1/121/2016, dated
30.12.2016 of the 2nd respondent and quash the same insofar as the petitioner is
concerned and consequently direct the respondents to follow the earlier
probation declaration orders dated 31.01.2013 for promotion on par with his
juniors.
For Petitioner
in all the W.P's : Mr.G.Elanchezhiyan
For R1 & R2
in all the W.P's : Mr.C.Selvaraj
Additional Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for final hearing.
2.Through the impugned order dated 30.12.2016, the declaration of the petitioners' probation was cancelled on the ground that they have not completed their functional training within a period of two years of their probation period.
This issue has already been dealt with by this Court in various Writ Petitions whereby, it was held that for a belated deputation to training, owing to administrative delays, the original declaration of the probation cannot be cancelled. The relevant portion of the order is extracted hereunder:
https://www.mhc.tn.gov.in/judis 2/8 W.P.Nos.7813, 7814, 7815 and 7816 of 2018
"3. The petitioners' declaration of probation came to be cancelled through the impugned government order in G.O.(D) No.83 Commercial Taxes and Registration Department dated 26.04.2018, predominantly on the ground that, the petitioners herein had not completed their foundational training within their two years of probation period, as required under Rule 32(a)(1) of the Tamil Nadu Ministerial Service Rules and that their probation requires to be declared from the day following their completion of the foundational training.
3. Rule 32(A)(1) of the Tamil Nadu Ministerial Service Rules reads as follows:-
“32 (A) (1) Every person appointed to a category by direct recruitment shall be on probation for a total period of two years on duty within a continuous period of three years. The individual in the cadre of Junior Assistant is eligible for promotion to the post of Assistant on satisfying the following conditions:-
1. His probation declared successful.
2. His service should be regularized in the cadre of Junior Assistant.
3. He should complete the foundational https://www.mhc.tn.gov.in/judis 3/8 W.P.Nos.7813, 7814, 7815 and 7816 of 2018 training at Civil Service Training Institute at Bhavanisagar, Tamil Nadu.
4. He should successfully complete the departmental examination conducted by the Tamil Nadu Public Service Commission.”
4. As per the aforesaid Rules, among other conditions, the probationer is required to complete the foundational training at Civil Service Training Institute, at Bhavanisagar, within the probationary period. As per Rule 26(A)(2) of the Tamil Nadu Ministerial Service Rules, the date of passing of the foundational training or departmental tests, is significant for declaration of probation. The said Rules reads as follows:-
“26 (A) (2) in cases where the passing of an examination or test confers on a Government Servant the title to any right, benefit or concession, such title should be deemed to have accrued on the day following the last day of the examination or test which the passed. In cases where the examination or test can be passed in installments, the title to the right, benefit or concession will be deemed to have accrued on the day following the last day of the examination in the subject or subjects in which he had passed.” https://www.mhc.tn.gov.in/judis 4/8 W.P.Nos.7813, 7814, 7815 and 7816 of 2018
5. Admittedly, the mandatory foundational training at the Civil Service Training Institute at Bhavani Sagar was belatedly held and the petitioners were not deputed for the training, during their period of probation. Such a statement is ratified in the G.O.(D)No.164, Commercial Taxes and Administration Department dated 30.04.2015, as well as in the counter affidavit filed before this Court. The provisions of Rule 32 would apply to such probationers, who have been nominated to undergo their training during their period of probation, which is for a total period of two years on duty, within a continuous period of three years. When the petitioners were nominated for the training after more than four years, they cannot be expected to complete such training, as required under Rule 32(A) and therefore, the provision itself may not be applicable to these petitioners, particularly, when the lapse was on the part of the respondents.
6. Furthermore, there is no Rule to the effect that the training should not be completed in the second or subsequent attempts during the probation period. In other words, there is no bar for the probationers to undertake the tests in any number of attempts, within the probation period. This observation is made in the light of the counter averments of the respondents that https://www.mhc.tn.gov.in/judis 5/8 W.P.Nos.7813, 7814, 7815 and 7816 of 2018 these petitioners had completed the training in their second attempt only. Even otherwise, since the petitioners were deprived of an opportunity to participate in the training programme within their probation period, there may not be any justification on the part of the respondents to refer to the failure in completing the training at the first attempt.
7. Since there are no Regulations governing the declaration of probation for belated deputation to training, owing to administrative delays, the reference to Rule 26(A)(2) that the petitioners' declaration of probation will commence on the day following the completion of training, is unjustifiable and illegal. Consequently, the impugned Government Order cancelling the declaration of probation of the petitioners cannot be sustained.
8. Accordingly, the impugned order of the first respondent dated 26.04.2018 made in G.O.(D) No.83, Commercial Taxes and Registration (A2) Department is quashed and the Writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
3. The aforesaid order extracted is self explanatory. As such, the action of https://www.mhc.tn.gov.in/judis 6/8 W.P.Nos.7813, 7814, 7815 and 7816 of 2018 the respondents in cancelling the original declaration of probation, cannot be sustained.
4. In the result, the impugned order dated 30.12.2016 is quashed and as a corollary of setting aside the impugned order, the petitioner would be entitled for all the services and monetary benefits. Accordingly, these Writ Petition are allowed. No costs. Connected miscellaneous petitions are closed.
10.01.2022 Index:Yes/No Internet: Yes/No Speaking order/Non-speaking order anu/rst To
1. The District Collector, Villupuram District, Villupuram.
2. The Personal Assistant to District Collector (Development), Collectorate, Villupuram and District.
M.S.RAMESH.,J https://www.mhc.tn.gov.in/judis 7/8 W.P.Nos.7813, 7814, 7815 and 7816 of 2018 anu W.P.Nos.7813, 7814, 7815 and 7816 of 2018 and W.M.P.Nos.9737, 9739, 9741 and 9743 of 2018 10.01.2022 https://www.mhc.tn.gov.in/judis 8/8