Madras High Court
P.Suresh Kumar vs The State Of Tamilnadu on 5 June, 2013
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2013
CORAM:
THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.No.13852 of 2013
1. P.Suresh Kumar
2. M.Selvam
3. M.Kothandaraman .. Petitioners
..Vs..
1. The State of Tamilnadu,
rep. by its Secretary to Government,
Food, Co-operation & Consumer Protection Department,
Secretariat, Fort St. George,
Chennai 9.
2. The Commissioner of Civil Supplies & Consumer Protection,
Ezhilagam, Chepauk,
Chennai 5.
3. The Joint Commissioner of Civil Supplies & Consumer Protection,
Ezhilagam, Chepauk,
Chennai 5.
4. The Deputy Commissioner I,
Civil Supplies & Consumer Protection Deptt.,
Ezhilagam, Chepauk,
Chennai 5. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the respondents to declare the probation of the petitioners in the post of Junior Assistant; include the petitioners in the panel of Junior Assistants fit for promotion to the post of Assistant in Civil Supplies & Consumer Protection Department; promote the petitioners to the post of Assistant on par with their juniors; place the petitioners in the appropriate seniority and grant to the petitioners pay, service, monetary and all other benefits on par with their juniors, within a time frame to be fixed by this Court.
For Petitioners : Mr.L.S.M.Hasan Fizal
For Respondents : Mr.S.Diwakar
Addnl. Government Pleader
O R D E R
The 1st petitioner, had joined Government service as an Assistant in Secretariat Service, temporarily on consolidated pay of Rs.4,000/- vide G.O.Ms.No.85, Personal and Administrative Reforms Department, Dated 04.07.2003. Later he was shifted to TASMAC. Subsequently, he emerged successful in the Group IV Services Special Recruitment Examinations 2007-2008 conducted on 17.02.2008 by the Tamilnadu Public Service Commission. He was allotted to Civil Supplies & Consumer Protection Department vide letter of Secretary, TNPSC, in No.5435/SCE/APD-4/2009, dated 07.05.2009 and he was appointed as Junior Assistant in the scale of pay of Rs.3200854900 vide Na.Ka.No.A4/17056/2006, dated 23.05.2009 of the 4th respondent. He was ranked 9th in the seniority fixed by the Tamilnadu Public Service Commission.
2. The 2nd and the 3rd petitioners also joined the Government service in July 2003 on consolidated pay vide G.O.Ms.Nos.84 & 85, dated 04.07.2003. Both of them successfully passed the Special Recruitment Examinations 2007 2008 and they were also allotted to Civil Supplies & Consumer Protection Department. The TNPSC seniority of 2nd and 3rd petitioners is 13 & 14 respectively.
3. It is also the case of the petitioners that during December 2009, they passed the departmental tests viz., Account Test for Subordinate Officers Part - I and Tamilnadu Government Office Manual Test (District Office Manual DOM) for being eligible for promotion to the post of Assistant. The same is also entered in their Service Registers. While so, the juniors of the petitioners were promoted by order dated 01.06.2012 and the petitioners were denied promotion on the ground that their probation was not declared since they did not complete the Bhavani Sagar Training. According to the petitioners, the respondent did not send the petitioners for Bhavani Sagar Training, while their juniors were sent for Bhavani Sagar Training. Hence, it was not their fault.
4. I am in full agreement with the contentions raised by the petitioners that they are not at fault for not completing Bhavani Sagar training, when their juniors completed the training. Hence, they cannot be blamed for the same. Now, they were sent to Bhavani Sagar Training belatedly and they have completed the training during 04.01.2012 to 20.02.2012.
5. In the said circumstances, when the juniors were promoted on 01.06.2012 as Assistants, the petitioners, should also be promoted as Assistants. The non declaration of probation in the post of Junior Assistant on the ground of non completion of Bhavani Sagar Training, cannot be put against the petitioners. In fact, now an order dated 25.04.2013, is produced by the learned Government Advocate that the probation is declared in the case of the petitioners. As per the aforesaid order the petitioners have completed their probation long back i.e., on 11.06.2011(FN), 07.06.2011(FN) and 31.05.2011(FN), respectively. Since the petitioners completed probation long back and they are also eligible for promotion to the post of Assistants, they should be promoted as Assistants.
6. The petitioners have filed this writ petition, seeking to declare their probation in the post of Junior Assistant; also include their names in the panel of Junior Assistants fit for promotion to the post of Assistant in Civil Supplies & Consumer Protection Department; promote them to the post of Assistants on par with their juniors; place them in the appropriate seniority and grant them the pay, service, monetary and all other benefits on par with their juniors, within a time frame.
7. As the first portion of the prayer is concerned, now, the respondents have declared the probation of the petitioners in the post of Junior Assistant vide order dated 25.04.2013. Hence, no further order is necessary. Further, in view of the above discussion, the petitioners are entitled to be included in the panel of Junior Assistants fit for promotion to the post of Assistant in Civil Supplies & Consumer Protection Department and they should also be promoted along with their juniors on the date on which their juniors were promoted and all monetary benefits should also be paid. Further, they shall also be placed at the appropriate place, accordingly. The 4th respondent is directed to complete the aforesaid exercise within a period of four weeks from the date of receipt of a copy of this order.
8. The writ petition is disposed of, accordingly. No costs.
ars To
1. The Secretary to Government, State of Tamilnadu, Food, Co-operation & Consumer Protection Department, Secretariat, Fort St. George, Chennai 9
2. The Commissioner of Civil Supplies & Consumer Protection, Ezhilagam, Chepauk, Chennai 5
3. The Joint Commissioner of Civil Supplies & Consumer Protection, Ezhilagam, Chepauk, Chennai 5
4. The Deputy Commissioner I, Civil Supplies & Consumer Protection Deptt., Ezhilagam, Chepauk, Chennai 5