Madras High CourtWP(MD)/18484/2017dismissed

K.Selvaraj, v. The District Collector,

2022-02-02Honourable Mrs Justice S.Srimathy2 pages

W.P(MD)No.18484 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.18484 of 2017 K.Selvaraj ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Secretary to Government, P & AR (S) Department, Secretariat, Chennai-600 009.

... Respondents (R2 is impleaded vide Court order dated 25.10.2017 in W.M.P(MD.No.15129 of 2017) Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling records of the first respondent i.e., the District Collector, Sivagangai relating to letter ROC.No.A1/13701/2017 dated 22.09.2017 and quash the same and consequently direct the respondent to include the name of the petitioner in the approved list of Deputy Tahsildhars for the year 2017 on par with his junior within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.N.Ramesh Arumugam Government Advocate (Civil Side)

O R D E R

The petitioner was awarded a punishment of stoppage of increment for two years without cumulative effect.

2. In this writ petition, the petitioner is claiming promotion to the next level of post. Since the petitioner was under punishment, the petitioner was not entitled to the promotion in the year 2017. The currency of punishment is from 01.10.2015 to 30.09.2017. The petitioner is eligible to be considered for promotion on 01.10.2017 and the crucial date to include in panel is 15.09.2017. Therefore, the petitioner is not entitled to promotion in the year 2017. In the next promotion i.e. 2018, the petitioner is eligible to promotion. Therefore, the Writ Petition is dismissed. No https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.18484 of 2017 costs. Further the respondents are directed to consider the petitioner's name for promotion in the year 2018.

3. With this observation the writ petition is disposed of. No costs. Connected Miscellaneous are closed.

Sd/- Assistant Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Secretary to Government, P & AR (S) Department, Secretariat, Chennai-600 009.

+1 CC to M/s.SPL.GP ( SR-3935[F] dated 03/02/2022 ) +1 CC to M/s.S.VISVALINGAM, Advocate ( SR-4160[F] dated 04/02/2022 ) W.P(MD)No.18484 of 2017 02.02.2022 NSN(CO) KB(07.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2