S.Usha Begum v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.02.2019 C O R A M The Honourable Mr.JUSTICE M.S.RAMESH W.P.No.24543 of 2004 & WPMP No.29831 of 2004 S.Usha Begum ...Petitioner Vs.

1.The District Collector, Tiruvarur District, Tiruvarur.

2.The Director of Rural Development, Chennai-600 015 3.The Government of Tamil Nadu, rep. by Secretary to Government, Rural Development Department, Fort St. George, Chennai-600 009 ...Respondents Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Certrorarified Mandamus to call for the records of the first respondent relating to proceedings Na.Ka.No.10675/2002/A2 dated 16.08.2004, quash the same and issue consequential directions to the respondents to include the petitioner's name in the regular panel of eligible Assistants as on 01.03.2004 in Tiruvarur District Unit fit for promotion as Extension Officer without taking into consideration that she had not put in one year of service as Rural Welfare Officer, Grade I and to promote the petitioner as Extension Officer strictly in accordance with the Seniority with all consequential benefits.

For Petitioner : No appearance For Respondents : Mrs.K.Bhuvaneswari, AGP

O R D E R

The grievance of the petitioner is that her name has not been included in the Panel of eligible Assistants since she had not put in one year service as Rural Welfare Officer- Grade-I.

2. There is no representation for the petitioner. Mrs.K.Bhuvaneswari, learned Additional Government Pleader for the respondents has filed an additional counter affidavit, in which, it is stated that the petitioner was regularised in the cadre of Junior Assistant with effect from 16.02.2000.

3. Since the petitioner had not passed the prescribed Departmental Tests within two years and also had not undergone foundational training at the recommended Institute, she was temporarily promoted as an Assistant with effect from 14.09.2000. Thereafter, she was declared to have completed the period of probation vide orders dated 17.06.2004. Therefore, the petitioner could not be regularly promoted and consequently, not considered for further promotion and hence, she could not be included in the panel for promotion dated 01.03.2004.

4. As such, I do not find any infirmity in non-inclusion of the petitioner's name in the panel for promotion of eligible Assistants dated 01.03.2004, since her probation period itself was completed only on 17.06.2004. The learned Additional Government Pleader has also submitted that the petitioner had attained the age of superannuation on 31.07.2012 itself.

5. In the light of the above observation, this writ petition does not have any merit and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

dn To 1.The District Collector, Tiruvarur District, Tiruvarur.

2.The Director of Rural Development, Chennai-600 015.

3.The Secretary, Government of Tamil Nadu, Rural Development Department, Fort St. George, Chennai-600 009.

+1cc to the Government Pleader Sr.16997 W.P.No.24543 of 2004 ssd[co] srg 29/03/2019