K.Durga v. Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.3329 of 2019 K.Durga

...Petitioner

Vs 1.Director, Integrated Child Development Services, Tharamani, Chennai - 600 113.

2. District Collector, Namakkal District, Namakkal.

3.District Programmer Officer Namakkal, Namakkal District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider entering her Educational qualification in her service register and promoting as Anganwadi worker and pass orders on her representation dated 21.08.2017 within a stipulated period.

For Petitioner : Mr.D.Sreenivasan For Respondents : M/s. P.Rajalakshmi Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to direct the 2nd respondent to consider entering her Educational qualification in her service register and promoting as Anganwadi worker and pass orders on her representation dated 21.08.2017.

https://hcservices.ecourts.gov.in/hcservices/

2. Promotion can never be claimed as a matter of fact. However, consideration for promotion is a fundamental right of an employee. Promotions are to be made strictly in accordance with the promotion rules and by following the seniority.

3. In the present case on hand, the grievances of the writ petitioner is that her Educational Qualification are not entered into her Service Register in this regard. The authorities competent shall verify the same and if the same can be registered in accordance with the rules, the said procedures are to be followed. As far as the promotions are concerned, no such direction can be granted as such sought for and the case of the writ petitioner can be considered along with all other eligible candidates in the order of seniority and strictly by following the rules relating to promotion to the higher posts.

4. With these observations, the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kak/kmm To 1.Director, Integrated Child Development Services, Tharamani, Chennai - 600 113.

2. District Collector, Namakkal District, Namakkal.

3.District Programmer Officer Namakkal, Namakkal District.

+1cc to Mr.D.Sreenvasan, Advocate Sr.9985 +1cc to the Government Pleader Sr.9712 W.P.No.3329 of 2019 kji[co] srg 5/3/2019 https://hcservices.ecourts.gov.in/hcservices/