Madras High Court: In the writ petitions filed under Article 226 of the Constitution of India, the petitioner prayed for directing the Transport Department and Tamil Nadu State Transport Corporation (Respondents) to promote him to the post of Assistant Manager (Legal) along with all benefits, Mummineni Sudheer Kumar, J., through a common order dismissed the writ petitions due to lack of merit. However, the Court made it clear that in case if the petitioner possess/ acquires requisite qualification for the post of “Assistant Manager (Legal), the shall be considered by the respondents for promotion to the post of “Assistant Manager (Legal)” in accordance with law.
Background:
The petitioner began employment as a record clerk (Company Trainee) on 11-06-1988, in the Tamil Nadu State Transport Corporation (Salem) Ltd. The position was later re-designated as Junior Assistant (Company Trainee) on 12-12-1988. The petitioner’s services were regularized from 01-07-1989. Over time, the petitioner was promoted to various roles, including Assistant, Senior Assistant, Selection Grade Assistant, and finally Superintendent. After completing probation as a Superintendent, the petitioner was appointed as a Senior Superintendent on 30-05-2015 and completed probation of 2 years for this role on 29-05-2017.
During his tenure, with the corporation’s permission, the petitioner earned a Law Degree along with certain Diplomas, which he believed qualified him for promotion to Assistant Manager (Legal). However, the corporation promoted juniors who did not have a Law Degree. Consequently, the petitioner filed a writ petition, challenging the corporation’s decision not to promote him.
Further, while this petition was pending, the corporation issued a seniority list for the Senior Superintendent position, listing those eligible for promotion to Assistant Manager. The petitioner then filed another writ petition, challenging this seniority list.
Decision and Analysis:
The Court said that according to Rule 60(d)(i) of the Common Service Rules, to be appointed to the position of Assistant Manager (Legal), one must have five years of experience as a Senior Superintendent.
The Court noted that the petitioner was appointed as a Senior Superintendent on 31-05-2015. Therefore, he could not have completed the required five years of service by the time he filed either of the Writ Petitions.
The Court further noted that the seniority list challenged in the latter writ petition included only those who had completed five years of service as Senior Superintendent and were eligible for promotion to Assistant Manager (Admin/Legal). Thus, the Court held that there is no infirmity in the impugned seniority list prepared by the respondents.
Thus, the Court dismissed both the writ petitions, however, it made clear that in case if the
petitioner completes the requisite qualification for the post of “Assistant Manager (Legal) his name will be included in the list.
[G.Ravichandran v. The Additional Chief Secretary to Government., 2024 SCC OnLine Mad 1209, Order dated 30-04-2024]
Advocates who appeared in this case :
Counsel of Petitioner: Advocate L.Chandrakumar
Counsel of Respondents: Additional Government Pleader E.Ranganayaki, Additional Advocate General VIII R. Neelakandan ,Advocate R. Babu
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