R.Jothilakshmi v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.14845 of 2018 and W.M.P.No.17576 of 2018 R.Jothilakshmi ..Petitioner vs

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 604

2. The District Programme Officer Integrated Child Development Services Scheme Collector Office Tiruvannamalai District, Tiruvannamalai - 606 604

3. The Principal Secretary to Government Integrated Child Development Services Tharamani Chennai - 600 113 ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Anganwadi Worker in the Child Development Service Programme, Chengam Region/Union, Tiruvannamalai District.

For Petitioner : Mr.V.P.Rajendran For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondents to promote the petitioner as Anganwadi Worker in the Child Development Service Programme, Chengam Region/Union, Tiruvannamalai District.

2.Promotion per se cannot be claimed as a matter of right by the employees. However, consideration for promotion is a right of an employee. Whenever the process of promotion is undertaken by the competent authorities, the names of all the eligible employees, who all are aspiring to secure promotion should be considered in accordance with the promotion rules in force. If the petitioner is otherwise eligible in accordance with the rules, her case also is to be considered along with all other eligible candidates, at the time of preparation of panel and grant of promotion. Thus, the relief as such sought for to direct the respondents to grant promotion cannot be granted. 3.

Promotion is to be granted strictly by following the promotion rules in force, more specifically, the competent authorities must provide equal opportunity to all the employees, who all are otherwise eligible and qualified to secure promotion. 4.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 604

2. The District Programme Officer Integrated Child Development Services Scheme Collector Office Tiruvannamalai District, Tiruvannamalai - 606 604

3. The Principal Secretary to Government Integrated Child Development Services Tharamani Chennai - 600 113

+1cc to Mr.V.P.Rajendran, Advocate SR.No.15870 +1cc to Government Pleader, High Court, Madras SR.No.16635 W.P.No.14845 of 2018 MR(CO) GMY(27/03/2019)