The Madurai Bench dismissed the State's appeal challenging the promotion of an employee who had not completed mandatory training. Relying on precedent, the Court held that authorities cannot penalize employees for failing to complete training when the failure to depute them for such training is the authorities' own fault.
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.
W.A(MD)No.2034 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.2034 of 2024 and
CMP(MD)No.14695 of 2024
The District Collector, Trichirappalli District, Trichirappalli.
... Appellant
vs.
... Respondents
Prayer : Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.19148 of 2018 dated 22.08.2022.
For Appellant : Mr.P.T.Thiraviam Government Advocate For R1 : Mr.S.Visvalingam
Page No.1 of 4
W.A(MD)No.2034 of 2024
JUDGMENT
( Judgment of the Court was made by R.SUBRAMANIAN, J.)
The issue that is raised namely, non completion of the training in
the post of Record Clerk before seeking promotion is no longer res integra .
This Court in Government of Tamil Nadu, Environment and Forest Department vs. K.Anbalagan and others [W.A.No.2682 of 2019, dated 07.07.2021], categorically held that the authorities cannot take advantage of the failure on their part to send the employees for training. In doing so, the Division Bench held as follows:
"7. No doubt, the above said Rule 5 stipulates other qualification such as Vaigai Dam (Bhavanisagar) Training as mandatory. However, unless the appellants depute the respondents for such training at the appropriate time, they could not be expected to complete the same. The respondents, who are the employees, may not compel the appellants to depute them for the training. The alleged non completion of the training by the writ petitioners/respondents herein within the stipulated period of not their fault and the same cannot be put against them, dis-entitling them for getting their promotion. It is also pointed out that the juniors to the respondents have marched ahead of them by getting a promotion. Therefore, the contention of the learned State Government Counsel that a person can be promoted based on merit and ability apart from seniority and the departmental promotion committee alone is competent to recommend the person fit for promotion cannot be accepted."
Page No.2 of 4
W.A(MD)No.2034 of 2024
to interfere with the order of the learned Single Judge. The Writ Appeal fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.M, J.) (L.V.G, J.) 21.10.2024
Index : Yes / No Neutral Citation : Yes / No bala
To
Page No.3 of 4
W.A(MD)No.2034 of 2024 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
bala
JUDGMENT MADE IN W.A(MD)No.2034 of 2024 DATED : 21.10.2024
https://www.mhc.tn.gov.in/judis Page No.4 of 4
1 issue framed by the court
Whether the non-completion of mandatory training disqualifies an employee for promotion when the failure to depute them for training is attributable to the authorities.
Colour shows how this judgement treated each authority
Government of Tamil Nadu, Environment and Forest Department vs. K.Anbalagan and othersFollowed¶22
Government of Tamil Nadu, Environment and Forest Department vs. K.Anbalagan and others [W.A.No.2682 of 2019, dated 07.07.2021]
The District Collector, Trichirappalli District
S. Nageswaran
The Regional Special Deputy Collector, Refugee Camp
R. Subramanian
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
