Madras High Court
D.Devaki … vs The Secretary To Government on 18 August, 2022
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 31812 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 31812 of 2017
and
W.M.P. Nos. 34957 and 34958 of 2017
D.Devaki … Petitioner
-vs-
1. The Secretary to Government,
Home Department,
Fort St. George,
Chennai – 600 009.
2. The Deputy Director,
Forensic Science Department,
Mylapore,
Chennai – 600 004.
3. Jamuna Sivasankaran ...
Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Certiorarified Mandamus, calling for the concerned
records in Proc. No. A1/34974/2015 dated 05.01.2016 passed by the Second
Respondent promoting the Third Respondent to the post of Deputy Director and
quash the same insofar as the Third Respondent is concerned and consequently
direct the First and Second Respondents to promote the Petitioner as Deputy
Director, Computer Forensic Division, Forensic Science Department, Chennai
https://www.mhc.tn.gov.in/judis
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W.P. No. 31812 of 2017
with all consequential benefits.
For Petitioner : Mr. M.Gnanasekar
For Respondents : Mr. V.Jeevagiridharan,
Additional Government Pleader
(for R1 & R2)
No appearance (for R3)
ORDER
Heard Mr. M.Gnanasekar, Learned Counsel for the Petitioner and Mr. V.Jeevagiridharan, Learned Additional Government Pleader appearing for the First and Second Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. The Petitioner, who was working in the post of Assistant Director, Computer Forensic Division, Forensic Science Department, Chennai at the time of filing of the Writ Petition on 06.12.2017, has challenged the Proceedings No. A1/34974/2015 dated 05.01.2016 passed by the Director (in-charge), Forensic Science Department, Chennai promoting the Third Respondent to the post of Deputy Director. In support of the said contention, reliance is placed on G.O. Ms. No. 493, Home (Police XVIII) Department dated 05.06.2017 by which amendments were made to Special Rules for the Tamil Nadu Forensic Science https://www.mhc.tn.gov.in/judis 2/5 W.P. No. 31812 of 2017 Service (hereinafter referred to as 'the Special Rules' for short) where the following qualifications were prescribed for making promotion from the post of Assistant Director to Deputy Director:-
(i) 3 years experience as Assistant Director.
(ii) M.Sc., degree in Computer Science (with Physics or Chemistry).
(or) M.Sc., degree in Physics/Chemistry/Forensic Science (with basic degree in Physics or Chemistry) and a Diploma/Post Graduate Degree in Computer Application or any subject related to Computer Science.
3. The Second Respondent has filed Counter-Affidavit dated 19.11.2018 opposing the claim of the Petitioner by contending that the aforesaid amendment has come into force with effect from 05.06.2017 and the saving clause in that Governmental Order contains that it shall adversely affect the holders of posts on the date of coming into force of those Rules.
4. In view of the aforesaid legal position, the amendment to the Special Rules which has come into force on 05.06.2017 after the promotion of the Third Respondent cannot disqualify her from holding the post of Deputy Director. In https://www.mhc.tn.gov.in/judis 3/5 W.P. No. 31812 of 2017 such circumstances, the relief sought by the Petitioner in this Writ Petition cannot be granted.
In fine, the Writ Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs.
18.08.2022 vjt Index: Yes/No Note: Issue order copy by 01.09.2022.
To
1. The Secretary to Government, Home Department, Fort St. George, Chennai – 600 009.
2. The Deputy Director, Forensic Science Department, Mylapore, Chennai – 600 004.
https://www.mhc.tn.gov.in/judis 4/5 W.P. No. 31812 of 2017 P.D. AUDIKESAVALU, J.
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