Writ petition challenging the rejection of promotion claim for a retired Joint Director. Court upheld the government order barring promotion for posts falling vacant in Horticulture after a 5-year hiatus from Agriculture cadre transfers.
Writ petition dismissed; liberty granted to challenge the G.O.
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: 11.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
W.P. No.4803 of 2011
Dr.R.Selvaraj
.. Petitioner
Vs.
Chennai - 9.
Chepauk, Chennai - 5.
Chepauk, Chennai - 5.
4.P.Thomas Durain Singh Additional Director of Agriculture (Seeds) (Retd.), C/o.Commissionerate of Agriculture,
Chepauk, Chennai - 5.
Additional Director of Agriculture (IAMWARM), C/o.Commissionerate of Agriculture,
Chepauk, Chennai - 5.
.. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in connection with the impugned orders passed by him in Letter No.28254/AA1/2010-2, dated 27.01.2011 and quash the same and further direct the respondents to consider the claim of the petitioner for promotion to the post of Additional Director of Horticulture and promote him as Additional Director of Horticulture notionally and grant him all consequential service and monetary benefits.
For Petitioner : Mr.K.Venkataramani Senior Counsel For Mr.M.Muthappan
For Respondents : Mr.K.S.Suresh
Government Advocate for R1 to R3
No appearance for R4 & R5
O R D E R
Heard Mr.K.Venkataramani, learned Senior Counsel, representing Mr.M.Muthappan, learned counsel for the petitioner; Mr.K.S.Suresh, learned Government Advocate for the respondents and perused the materials available on record.
17 (x) Under restructure, with regard to the posts and staff deployed from the Directorate of Agriculture to the Directorate of Horticulture and Plantation Crops, any post falling vacant by way of promotion or retirement of the deployed staff in the Directorate of Horticulture & Plantation Crops, after expiry of 5 years from the date of issue of this order, the posts shall stand permanently transferred
to the Directorate of Horticulture and Plantation Crops and shall be filled up by the Director of Horticulture and Plantation Crops by duly following the Service Rules of the Directorate of Horticulture and Plantation Crops. In order to maintain fairness and justice and to avoid friction among the staff in awarding promotion and other service benefits, after expiry of 5 years, an opportunity shall be provided to the staff deployed to the Directorate of Horticulture & Plantation Crops to exercise their option for permanent absorption in the Directorate of Horticulture & Plantation Crops. The posts in the Directorates of Seed Certification and Organic Certification and Agricultural Marketing & Agri Business shall continue to be filled up from the common cadre managed by the Director of Agriculture."
Hence, as per the G.O., the transfer from Agriculture Department alone can be considered for the promotion to the post of Additional Director of Horticulture and that G.O. was unchallenged, and hence, the prayer sought for by the petitioner cannot be maintained.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
To
W.P. No.4803 of 2011
1 issue framed by the court
Whether a retired Joint Director from the Horticulture Department can be promoted to the post of Additional Director of Horticulture under G.O.Ms.No.537 dated 24.12.2007.
2 provisions across 2 enactments
Dr. R. Selvaraj
The Agricultural Production Commissioner and Secretary to Government, Agriculture Department
The Commissioner of Agriculture
The Director of Horticulture and Plantation Crops
P. Thomas Durain Singh
A. Somasundaram
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
