The High Court dismissed a writ petition seeking service and monetary benefits, including pension, from 2005. The court held that promotion is not a matter of right, and being posted as in-charge does not entitle an employee to benefits of that post before formal promotion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.10657 of 2014 and M.P.No.1 of 2014
S. Murugesan ... Petitioner
Vs.
1.The Secretary to Government,
Department of Differently Abled
Fort St. George, Chennai-9.
2.The State Commissioner &
Commissioner for Differently Abled
K.K.Nagar, SRTC Compound,
Chennai-78.
3.The Principal,
Government Industrial Training Centre for Blind,
Poonamallee, Chennai-56 ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of a writ to calling for the records of the 1 st respondent in connection with the impugned order passed in GO (1D) No.03/Differently Abled (MTN1) Department dated 04.02.2014 and quash the same in so far as denying the service benefits to the petitioner w.e.f. 01.08.2005 and further direct the respondents to grant service benefits from the date of holding the post from 01.08.2005 and grant him all consequential service and monetary benefits including pensionary benefits.
For Petitioner : Mr. M. Muthappan For Respondents : Mr. K. Thangapandi Government Advocate
O R D E R
The relief sought in this writ petition is for a direction to quash the order passed by the first respondent in proceedings dated 04.02.2014 granting temporary promotion to https://hcservices.ecourts.gov.in/hcservices/ the writ petitioner to the post of Manager available in the
Government Industrial Training Centre for the Blind at Poonamallee.
other consequential service benefits can be claimed only in the event of getting regular promotion and by way of an order to that effect. However, in the case on hand the writ petitioner was actually promoted as temporary Manager with effect from 04.02.2014, and the benefits attached to the post of Manager was granted to the writ petitioner from the date of appointment in the post of Manager, pursuant to the order dated 04.02.2014. In this view of the matter, the claim regarding the grant of monetary and other benefits to the post of Manager with effect from 01.08.2005 cannot be considered by this Court.
W.P.No.10657 of 2014 and M.P.No.1 of 2014
GN(27/11/2017)
2 issues framed by the court
Whether an employee posted as in-charge of a post can claim monetary and consequential benefits from the date of such posting without a formal promotion order.
Whether mere acquisition of qualifications confers a right to claim promotion as a matter of right prior to the actual promotion order.
S. Murugesan
The Secretary to Government, Department of Differently Abled
The State Commissioner & Commissioner for Differently Abled
The Principal, Government Industrial Training Centre for Blind
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
