Petitioner sought promotion by transfer considering seniority as office assistant. Court directed respondents to consider pending representation and dispose via reasoned order within eight weeks under Article 226.
Direction to second respondent to consider petitioner's representation dated 14.09.2020 and dispose by reasoned order within eight weeks.
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: 16.04.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.3204 of 2021
M.Raja
... Petitioner
Vs
1 The Registrar General High Court Chennai-600104 2 The Principal Judge City Civil Court Chennai-104 3 The Chief Metropolitan Magistrate Egmore Chennai-08 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents to promote the petitioner to the post of Record Clerk by way of transfer of service on par with his juniors taking into account his seniority in the post of office Assistant and grant him all consequential benefits.
For Petitioner : Mr.P.Rajendran For Respondents: Mr.M.Santhanaraman ORDER (made by SENTHILKUMAR RAMAMOORTHY, J.)
The petitioner seeks promotion to the post of Record Clerk by way of transfer of service on a par with his juniors, by taking into consideration his seniority in the post of office assistant.
Assistant is a post in the Tamil Nadu Basic Service, whereas the post of Record Clerk is a post in the Tamil Nadu General Subordinate Service. As per applicable rules, it is contended by learned counsel for the writ petitioner that the post is not a selection post and therefore, is required to be filled up by preparing a panel on the basis of seniority. However, the rules were not adhered to when the post was filled up in the year 2017 by conducting a test for such purpose. Consequently, five persons who are junior to the petitioner were appointed as record clerks.
to costs.
Sd/-
Assistant Registrar (CS-VII)
//True Copy//
Sub Assistant Registrar
tar
To:
1 The Registrar General
High Court
Chennai-600104
2 The Principal Judge
City Civil Court
Chennai-104
3 The Chief Metropolitan Magistrate
Egmore
Chennai-08
+1 cc to Mr.P.Rajendran, Advocate Sr No.23201
W.P.No.3204 of 2021
16.04.2021
GPL(CO)
RG.23.04.2021(3p/5c)
2 issues framed by the court
Whether the direction to consider the petitioner's representation for promotion by transfer of service is maintainable.
Whether a test administered for a post not requiring selection under rules was lawful.
M. Raja
The Registrar General High Court Chennai
The Principal Judge City Civil Court Chennai
The Chief Metropolitan Magistrate Egmore Chennai
Sanjib Banerjee
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
