M.Puttanniah, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.No.6745 of 2016 M.Puttanniah
...Petitioner
-Vs1.The Government of Tamil Nadu, Rep. by its Principal Secretary to Govt., Rural Development & Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector (PD Section), Krishnagiri District, Krishnagiri.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 23.06.2015 bearing No.Roc.K2/380/2015 passed by the third respondent confirming the Letter No.2(D) No.13, dated 1/4
25.02.2011 by the first respondent insofar it relates to reckoning the seniority of the petitioner in the cadre of Junior Assistant from the date of appointment viz., 25.05.2011 and quash the same and further direct the respondents to grant notional service benefits by reckoning the seniority of the petitioner in the cadre of Junior Assistant from the year 2007-2008 with all consequential benefits such as refixation of seniority in the cadre of Junior Assistant and Assistant, notional pay, etc.
For Petitioner : Mr.K.S.Viswanathan For Respondents : Mr.D.Gopal, Government Advocate
ORDER
Heard Mr.K.S.Viswanathan, learned counsel for the petitioner and Mr.D.Gopal, learned Government Advocate for the respondents.
2. The Hon'ble Supreme Court, in the case of Union of India Vs. S.S.Uppal and another reported in (1996) 2 SCC 168, has held that, mere inclusion of the employee's name in the selection list will not give a right to claim notional promotion. In the instant case, while the petitioner's name was included in the temporary promotional panel to the post of Junior Assistant for the year 2007-2008, the panel itself came to be approved only on 2/4
25.02.2011. The petitioner now seeks for notional seniority from the year 2007-2008.
3. By applying the ratio laid down by the Hon'ble Supreme Court in S.S.Uppal's case (supra), such a claim for notional promotion may not be permissible. Thus, the impugned order, rejecting the petitioner's claim for notional seniority from the date of the panel, does not require interference.
4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 19.12.2022 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Principal Secretary to Government, Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector (PD Section), Krishnagiri District, Krishnagiri.
W.P.No.
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