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5.The learned counsel for the respondent would oppose the contention of the petitioner by stating that the petitioner was not promoted but redeployed. Redeployment cannot be construed as promotion. Thus, the grant of 3% promotional increment is inadmissible to the post of the petitioner and thus, the audit objection was raised and consequently, the recovery order has been issued.

6.We have considered the rival submissions made on behalf of the parties. It is not in dispute that the petitioner was redeployed to the post of Bench Clerk Grade III. Redeployment to the post of Bench Clerk Grade III from the post of Assistant, cannot be construed as promotion. The post of Assistant and Bench Clerk Grade III carry identical scale of pay and Page 4 https://www.mhc.tn.gov.in/judis therefore, it is not a promotional post. Since the petitioner's redeployment to the post of the Bench Clerk Grade III is not a promotion, the 3% promotional increment granted to the petitioner is an error committed by the establishment and therefore, the 3% promotional increment granted is to be recovered from the petitioner.

7.In respect of redeployment not amounting to promotion, the Division Bench of this Court, in the case of V.Rajaseskaran Vs. Principal District Judge Salem, dated 29.09.2021, in W.P.No.5696 of 2021, held as follows:

“4. So as not to allow the personnel to stagnate in one position and to rotate the employees from one section or department to another, the exercise of redeployment is undertaken by the employer. Redeployment may also happen upon the employer finding a particular employee more suitable in a different position than the position where such employee has been placed. Since redeployment does not entail any privilege or benefit, as to how and when and in what manner the exercise of redeployment would be conducted, is not something that a concerned employee may assert. It is possible that one employee may not be redeployed whereas his colleagues Page 5 https://www.mhc.tn.gov.in/judis in the same post may all be redeployed.
5. The exercise of redeployment, if appreciated, will provide the key to the matter. Redeployment is for the administrative purpose and may or may not be as per the exigencies. It may be a routine redeployment or it may be a redeployment based on a particular need or for other purposes that the employer may think it appropriate to bring about greater efficiency in the functioning. It does not give or take away any benefit or right and, as such, an employee who has been redeployed or another who has not been considered for being redeployed cannot raise any grievance since there is no material benefit and, consequently prejudice suffered by the concerned employee. In a sense, it is akin to a transfer from one department to the other and the only benefit or advantage may be that the department could be closer to the gate or further away from the gate.”