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Madras High CourtWP/23713/2019disposed of

R.Santhi v. The Principal Secretary

2022-11-28Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.18724 of 2021 & 23570 of 2019 R.Santhi ... Petitioner -Vs1. The Principal Secretary, Commissioner of Treasuries and Accounts, "Amma Valagam", Integrated Office Complex for Finance department, III Floor, Veterinary Hospital Campus, Nandanam, Anna Salai, Chennai-35.

2. The Treasury Officer, Office of the District Treasury, Tiruvallur-602 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, to direct the first respondent herein to include the name of the petitioner in the panel for the promotion to the post of "Superintendent" for the year 2018-2019 in the Department of Treasuries and Accounts and consequently to promote the petitioner to the post of "Superintendant" for the year 2018-2019 in the Department of Treasuries and Accounts in accordance with law. 1/4

For Petitioner : Mr.G.Purusothaman For Respondents : Mr.Ravi, Special Government Pleader

O R D E R

The relief sought in the present writ petition is to direct the respondents to include the name of the writ petitioner in the panel for promotion to the post of Superintendent for the year 2018-19, in the Department to Treasuries and Accounts.

2. During the pendency of the writ petition, the petitioner filed a Miscellaneous Petition in W.M.P.No.18724 of 2021, for a direction to include the name of the petitioner in the panel of promotion to the post of Superintendent for the year 2020-21, in the Department of Treasuries and Accounts.

3. The learned counsel for the petitioner states that the petitioner is giving up the relief sought in the main writ petition for promotion to the post of Superintendent for the year 2018-19. Thus, she filed a 2/4

miscellaneous petition to consider her name for promotion to the post of the Superintendent for the 2020-21.

4. In the context of recording the miscellaneous petition filed by the petitioner, the respondents are directed to look into the grievance of the writ petitioner and consider the case, subject to the fulfillment of the promotion rules and other conditions. If the petitioner is otherwise eligible and qualified, and is in the order of seniority, then her case is to be considered at the time of preparation of panel for promotion to the post of Superintendent for the year 2020-21.

5. In this context, promotion cannot be claimed as a right, however, consideration for promotion is a right of an employee. Thus, the respondents shall consider the case on merits, and in accordance with law. Accordingly the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

28.11.2022 Index : Yes Speaking order sha 3/4

S.M.SUBRAMANIAM.J., sha To

1. The Principal Secretary, Commissioner of Treasuries and Accounts, "Amma Valagam", Integrated Office Complex for Finance department, III Floor, Veterinary Hospital Campus, Nandanam, Anna Salai, Chennai-35.

2. The Treasury Officer, Office of the District Treasury, Tiruvallur-602 001.

and W.M.P.Nos.18724 of 2021 & 23570 of 2019 28.11.2022 4/4