The Madurai Bench of the Madras High Court disposed of three writ petitions seeking a Writ of Mandamus for retrospective promotion of school teachers. The Court held that a seniority list does not confer a right to promotion, which is a matter for competency consideration.
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: 02.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)Nos.10295, 10693 and 10694 of 2012
1.K.Velusamy ... Petitioner in W.P(MD).No.10295/2014 2.R.Pandiaraj ... Petitioner in W.P(MD).No.10693/2014 3.N.Gokulakrishnan ... Petitioner in W.P(MD).No.10694/2014
Vs.
1.Government of Tamil Nadu, Represented by the Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, D.P.I.Compound, College Road, Chennai.
3.The Joint Director, School Education, D.P.I.Compound, College Road, Chennai. ... Respondent NO 4 in all W.Ps
4.The District Educational Officer,
Virudhunagar District, Virudhunagar. ... Respondents in W.P(MD).No.10295/2014
5.The Chief Educational Officer, Virudhunagar District,
Virudhunagar. ... Respondent No4 in W.P(MD).Nos.10693 and 10694 /2014
PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to call for the petitioner for the counseling and promote him by giving retrospective effect from 23.11.2011 as per the existing rules based on the promotion panel list dated 01.01.2011.
For Petitioner in all W.Ps : Mr.M.Ashok Kumar For Respondents : Mr.J.Gunaseelan Muthiah in all W.Ps Additional Government Pleader
COMMON ORDER
https://hcservices.ecourts.gov.in/hcservices/ The relief sought for in the writ petition is to direct the respondents to call for the petitioners for the counseling and to
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promote them by giving retrospective effect from 23.11.2011 as per the existing rules based on the promotion panel list dated 01.01.2011.
2.The panel list referred to in the prayer of the writ petitions on 01.01.2011 is a seniority list. Mere seniority list would not confer any right on the writ petitioners to claim promotion.
3.Promotion per se cannot be claimed as a matter of right. Consideration for promotion is a fundamental right of an employee. Thus, all the employees, who are all eligible and aspiring to secure promotion are to be considered by the competent authorities, while undertaking the process of preparation of panel and grant of promotion. This being the principles to be followed, mere seniority list would not confer any right on the employees to claim promotion or retrospective promotion. Retrospective promotion can be claimed only if any illegality or irregularity has been committed for the grant of promotion or not otherwise. The petitioners have not established any such events so as to consider their case for grant of retrospective promotion. However, the case of the writ petitioners is to be considered whenever a panel is prepared and by following the procedures contemplated.
4.The relief as such sought for to grant retrospective promotion based on the seniority list dated 01.01.2011, cannot be granted or the authorities competent are bound to consider all the facts and circumstances as well as various Government Orders in the subject and accordingly, consider the case of the writ petitioners with reference to the rules in force and by following the procedures contemplated.
5.With these observations, these Writ Petitions are disposed of. No costs.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
Ns
To
1.The Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.
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2.The Director of School Education, D.P.I.Compound, College Road, Chennai. 3.The Joint Director, School Education, D.P.I.Compound, College Road, Chennai. 4.The District Educational Officer, Virudhunagar District, Virudhunagar. 5.The Chief Educational Officer, Virudhunagar District, Virudhunagar. +1 CC to M/s.SPL GP ( SR-20986[F],20987,20985 dated 03/11/2020 ) +1 CC tO M/s.M.Ashok Kumar (SR-21078[F] dated 04/11/2020) W.P.(MD)Nos.10295, 10693 and 10694 of 2012 02.11.2020
VR(CO) KB(11.11.2020) 3P 8C
3 issues framed by the court
Whether a promotion seniority list confers a vested right to claim promotional promotion?
Whether retrospective promotion can be granted in the absence of any illegality or irregularity?
Whether a seniority list alone entitles employees to claim promotion?
K. Velusamy and others
Government of Tamil Nadu and others
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
