Appeal against Single Judge order refusing promotion benefits post-retirement. Court held promotion is not a fundamental right, but right to consideration is enforceable. No relief granted post-retirement even though empanelment existed.
Consign appeal to records. No costs.
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: 03.09.2020
CORAM :
THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.677 of 2020
S. Sumathy .. Appellant
-Vs-
1. The Registrar General,
High Court, Madras – 600 104.
2. The State of Tamil Nadu
Represented by:
The Principal Secretary to Government,
Home (Court-VI) Department,
Secretariat, Chennai
3. The Director of Prosecution,
O/o The Directorate of Prosecution,
2 nd Floor, Tamil Nadu Slu, Clearance Board,
5, Kamarajar Salai, Chennai -600 005 .. Respondents
Appeal filed under Clause 15 of the Letters patent against the order dated 25.02.2020 passed in 14856 of 2017 on the file of this Court.
Prayer in WP: Praying for issuance of Writ of mandamus to direct the respondents to forthwith grant national promotion to the petitioner as Joint Director of Prosecution as per the seniority list in G.O.Ms.No.36, Home (Courts VI) Department dated 20.01.2016 with all attendant benefits.
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
Heard Ms.AL. Ganthimathi, learned counsel for the appellant and Mr.C.T. Mohan, learned counsel for the first respondent.
The appeal is accordingly consigned to records. No costs.
//True Copy//
Sub Assistant Registrar
To
rsv (co) rr ii (28/09/2020)
3 issues framed by the court
Whether an employee uplifted with notional promotion after superannuation can claim benefits thereof?
Whether the right to be considered for promotion is an enforceable right?
Whether there was any gross discrimination in refusing promotion benefits post-retirement?
Colour shows how this judgement treated each authority
Division Bench of the Delhi High CourtReferred¶16
W.P.No.2969 of 2012, dated 24.05.2015
S. Sumathy
Registrar General, High Court, Madras
State of Tamil Nadu
Director of Prosecution
A.P.Sahi
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
