State of Tamil Nadu & Ors. Vs. K. Rajan.
EmailAppeal: SLP (CIVIL) No. 12565/86 & 1906/87
(FROM THE JUDGMENT AND ORDER DATED 2.7.1986 OF THE HIGH COURT OF MADRAS IN WA NO.315/82)
(FROM THE JUDGMENT AND ORDER DATED 2.7.1986 OF THE HIGH COURT OF MADRAS IN WA NO.315/82)
Petitioner: State of Tamil Nadu & Ors.
Respondent: K. Rajan.
Apeal: SLP (CIVIL) No. 12565/86 & 1906/87
(FROM THE JUDGMENT AND ORDER DATED 2.7.1986 OF THE HIGH COURT OF MADRAS IN WA NO.315/82)
(FROM THE JUDGMENT AND ORDER DATED 2.7.1986 OF THE HIGH COURT OF MADRAS IN WA NO.315/82)
Judges: A.P.SEN, V. BALAKRISHNA ERADI & G.L.OZA, JJ.
Date of Judgment: Mar 12, 1987
Appearances:
Mr. B. Datta, ASG, Mr. T.V. Rangam, Adv., Mr. C. Chinnaswami, Adv. and Mr. T.V. Ratnam, Adv. for the Petitioners.
Mr. T.S. Krishnamoorty Iyer, Sr. Adv. and Mr. R. Mohan, Adv. for the Respondents.
Head Note:
CIVIL SERVICE
Promotion – High Court’s order modified – Promotion to take effect from the date on which necessary orders are passed – Respondent at liberty to make representation to State Govt. for inter se seniority.
Promotion – High Court’s order modified – Promotion to take effect from the date on which necessary orders are passed – Respondent at liberty to make representation to State Govt. for inter se seniority.
JUDGEMENT:
O R D E R
1. Delay condoned. Special leave granted.
2. We are informed by Shri B. Datta, learned Additional Solicitor General that the departmental proceedings against the respondent have culminated in an order of punishment of withholding of increment for one year without any cumulative effect. That being so, the departmental inquiry having ended by the infliction of a minor punishment, there is now no impediment to the implementation of the direction made by the HIgh Court for being promoted to the higher post of Assistant Commissioner or Deputy Commissioner, as the case may be, subject to a slight modification. In modification of the judgment of the High Court we direct that the promotion shall take effect from the date on which necessary orders are passed, we accordingly direct the State Government to consider the question of promotion of respondent to such promotional post to which he may be eligible. As already stated, the promotion will take effect prospectively. We however make it clear that the respondent shall be at liberty to make a representation to the State Govt. in the matter of inter se seniority, if he is so promoted. The appeals are disposed of accordingly. No costs.
1. Delay condoned. Special leave granted.
2. We are informed by Shri B. Datta, learned Additional Solicitor General that the departmental proceedings against the respondent have culminated in an order of punishment of withholding of increment for one year without any cumulative effect. That being so, the departmental inquiry having ended by the infliction of a minor punishment, there is now no impediment to the implementation of the direction made by the HIgh Court for being promoted to the higher post of Assistant Commissioner or Deputy Commissioner, as the case may be, subject to a slight modification. In modification of the judgment of the High Court we direct that the promotion shall take effect from the date on which necessary orders are passed, we accordingly direct the State Government to consider the question of promotion of respondent to such promotional post to which he may be eligible. As already stated, the promotion will take effect prospectively. We however make it clear that the respondent shall be at liberty to make a representation to the State Govt. in the matter of inter se seniority, if he is so promoted. The appeals are disposed of accordingly. No costs.
