This order dismissed a writ petition challenging an impugned order withholding the petitioner's promotion due to penalty currency. The court held the petitioner was not eligible for promotion as the punishment was in currency on the date of 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.11.2018
CORAM :
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD)No.556 of 2015 and M.P.(MD)No.1 of 2015
F.X.Mary Magdelin Princy ... Petitioner
/Vs./
1.The Chairman cum Managing Director, TANGEDCO, Chennai.
2.The Chief Engineer, Office of the Chief Engineer, Distribution, Trichy.
3.The Superintending Engineer, Trichy Electrical Distribution Circle, Metro – Trichy-20. ... Respondents
Prayer: Writ Petition – filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent bearing Memorandum No. 85833/A1/A11/2013 - 1 dated 20.02.2014 and quash the same with the consequential direction, directing the 1st respondent to give promotion to the petitioner as Executive Engineer from 17.09.2013 i.e on the date of release of promotion order for Executive Engineer/Electrical with consequential monetary benefits.
For Petitioner : No appearance For Respondents : No appearance
ORDER
This writ petition has been filed challenging the impugned order passed by the 1st respondent bearing Memorandum No. 85833/A1/A11/2013 - 1 dated 20.02.2014 with the consequential direction, directing the 1st respondent to give promotion to the petitioner as Executive Engineer from 17.09.2013 i.e on the date of release of promotion order for Executive Engineer/Electrical with consequential monetary benefits.
https://hcservices.ecourts.gov.in/hcservices/ 2. A perusal of the affidavit filed in support of this writ petition reveals that the petitioner herein is challenging the
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impugned order of the first respondent withholding her promotion on the ground of pendency of punishment. Records further reveal that the petitioner herein was originally appointed as Assistant Engineer (Electrical) on 01.10.1988. She was promoted on 01.09.2003 as Assistant Executive Engineer (Electrical). When the promotional panel was prepared for the post of Executive Engineer (Electrical) on 12.03.2013, her name was found in Serial No.70. However, her promotion was withheld in view of the punishment of “stoppage of next annual increment for a period of six months without cumulative effect”. This punishment was imposed on 21.03.2013. On an appeal before the second respondent, the punishment period was reduced from six months to three months.
Sd/-
Assistant Registrar(Records)
/True Copy/
Sub Assistant Registrar(cs-II)
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TO:
1.The Chairman cum Managing Director, TANGEDCO, Chennai.
2.The Chief Engineer, Office of the Chief Engineer, Distribution, Trichy.
3.The Superintending Engineer, Trichy Electrical Distribution Circle, Metro – Trichy-20.
+1cc to M/S.Polax Legal Solutions Advocate in SR.No.96077
Order made in W.P.(MD)No.556 of 2015
SM SPSKN SAR2 24.12.2018 3P 5C
3 issues framed by the court
Whether a government employee is disentitled from promotion if a punishment order is in currency on the date of consideration even if completed shortly thereafter.
Whether the impugned order withholding promotion from the petitioner on the ground of currency of punishment is sustainable.
Whether the petitioner is entitled to any consequential monetary benefits or promotion upon setting aside the impugned order.
F.X. Mary Magdelin Princy
The Chairman cum Managing Director, TANGEDCO, Chennai
The Chief Engineer, Office of the Chief Engineer, Distribution, Trichy
The Superintending Engineer, Trichy Electrical Distribution Circle, Metro – Trichy-20.
Dr. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
