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Madras High CourtWP(MD)/14232/2019disposed of

R.Nedusezhian v. The Director

2022-04-12Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.14232 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.14232 of 2019 W.M.P.(MD) No. 10698 of 2019 1.R.Nedusezhian 2.R.Ramesh ... Petitioners Vs.

The Director Department of Horticulture & Plantation Crops Ezhilagam Chepaukam Chennai 5.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondent to fix the final seniority list of Assistant Horticulture Officer in Tamil Nadu Horticulture Department based on the representation of the petitioners dated 24.05.2019 and consequently draw the promotion panel and grant promotion based on the newly drawn final seniority list to the post of Deputy Horticulture Officer in Tamilnadu Horticulture Department.

For Petitioners : Mr.B.Prasanna Vinoth For Respondent : Mr.A.K.Manikkam Special Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the respondent to fix the final seniority list of Assistant Horticulture Officer in Tamil Nadu Horticulture Department based on the representation of the petitioners dated 24.05.2019 and consequently draw the promotion panel and grant promotion based on the newly drawn final seniority list to the post of Deputy Horticulture Officer in Tamilnadu Horticulture Department.

2. The grievance of the writ petitioners is that the final seniority list has not been published and in this regard, they made a representation.

3. This Court is of the considered opinion that promotions are to be considered based on the rules in force and in accordance with the seniority of the employees. Therefore, the relief sought for in the writ petition to direct the respondent to draw promotion panel cannot be granted. Promotions cannot only be claimed as an absolute right of an employee. Consideration for promotion of employee is a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14232 of 2019 fundamental right of an employee. Therefore, if an administrative decision is taken to fill up the higher post, then panel of eligible persons fit for promotion is to be prepared in accordance with the rules in force and based on the seniority. Thus, the prayer sought for cannot be granted as promotions cannot be claimed as a matter of right. Whenever a decision is taken by the authority competent for grant of promotion, the names of all eligible persons, who are all waiting for promotion are to be considered.

4. In this regard, if the petitioners are qualified for promotion, at the time of preparation of panel, then their cases also to be considered in accordance with the rules in force. With this clarification, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To The Director Department of Horticulture & Plantation Crops Ezhilagam Chepaukam Chennai 5.

+1 CC to M/s.B. PRASANNA VINOTH, Advocate ( SR-18422[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18608[F] dated 13/04/2022 ) W.P.(MD)No.14232 of 2019 12.04.2022 MGJ(28.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2