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Y.Mohammed Omer Sherif, v. Greater Chennai Corporation

Madras HC4 Feb 2025WP/18571/2018

Case brief

AI extract

What is this about?

Madras High Court, W.P. No. 18571 of 2018, decided 04.02.2025 by R.N.Manjula, J. Keywords: compassionate appointment; Greater Chennai Corporation; Junior Assistant post; promotion panel 2017-18 and 2018-19; non-graduate category; 1:1 ratio accommodation; educational qualification 10+2+3 versus 10+3+2 pattern; B.B.A. Computer Applications; Tamil Nadu Open University; G.O.Ms. No. 65 Personnel and Administrative Reforms (S) Department dated 02.07.2014; District Collector's circular dated 14.02.2018; certiorarified mandamus; disposed with no costs.

What did the court decide?

Writ petition disposed in terms of the court's observations (petitioner ineligible for the 2017-18 promotion panel but could be considered for the 2018-19 panel depending upon seniority); connected Miscellaneous Petitions closed; no costs. ¶28

Y.Mohammed Omer Sherif, Vs Greater Chennai Corporation — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who has not acquired the required 10+2+3 qualification pattern (holding instead a 10+3+2 pattern contrary to the condition stipulated under G.O.Ms. No. 65), is eligible for the promotion panel to the post of Junior Assistant for the year 2017-18, and whether he could be considered for the promotion panel for the year 2018-19 depending upon his seniority.

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Court's answer

The petitioner cannot be eligible for the promotion panel for the year 2017-18, as he has not acquired the required qualification of 10+2+3 pattern, his 10+3+2 pattern being contrary to the condition stipulated under G.O.Ms. No. 65.

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Ratio / Principle

The petitioner could be considered for the promotion panel during the year 2018-19, depending upon his seniority.

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Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India, 1950 by a Greater Chennai Corporation employee appointed on compassionate ground on 25.02.2011, seeking certiorarified mandamus to quash the impugned order G.D.C.No.36/006341/2018 dated 06.07.2018 and to direct consideration of his name for the post of Junior Assistant (graduate category). The petitioner passed X standard in March 1999, failed a March 2001 XII attempt, joined B.B.A. Computer Applications in the Tamil Nadu Open University, and completed XII standard in 2011-2012, giving him a 10+3+2 pattern rather than the 10+2+3 pattern stipulated under G.O.Ms. No. 65, Personnel and Administrative Reforms (S) Department, dated 02.07.2014. Held: the petitioner is not eligible for the 2017-18 promotion panel, but he could be considered for the 2018-19 promotion panel depending upon his seniority. Writ petition disposed; connected Miscellaneous Petitions closed; no costs.

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W.P. No. 18571 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.02.2025

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CORAM

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THE HON'BLE Ms. JUSTICE R.N.MANJULA

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W.P. No. 18571 of 2018 and

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W.M.P. Nos. 21918 and 21919 of 2018

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Y.Mohammed Omer Sherif

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… Petitioner

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-vs-

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Greater Chennai Corporation Rep. By its Commissioner Ripon Buildings Chennai-600003.

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The Assistant Commissioner (GA&P) Greater Chennai Corporation Ripon Buildings, Chennai-600003. ... Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Order of Direction more particularly in the nature of writ of Certiorarified Mandamus, to call for the records relating to impugned order of the first respondent bearing G.D.C.No.36/006341/2018 dated 06.07.2018 and to quash the same and consequently, direct the respondents to consider the name of the petitioner to the post of Junior Assistant under the category of graduate.

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For Petitioner : Mr.T.Dharani

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For Respondents : Ms.K.Aswini Devi, SC for GCC

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https://www.mhc.tn.gov.in/judis

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1/5

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W.P. No. 18571 of 2018

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O R D E R

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Heard Mr.T.Dharani, learned counsel for the petitioner, and Ms.K.Aswini Devi, learned Standing Counsel for the Greater Chennai Corporation and perused the materials placed on record, apart from the pleadings of the parties.

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The petitioner was appointed on compassionate ground in the respondent Corporation on 25.02.2011. The petitioner had passed X standard during March 1999 and XII standard during October 2012 and he also completed B.B.A. Computer Applications degree in the Tamil Nadu Open University. As the first respondent called for vacancies available in the post of Junior Assistant, the petitioner applied for the same in order to accommodate him under 1:1 ratio. As per the District Collector's circular dated 14.02.2018, as the petitioner has completed 5 years of service, he is eligible to be considered for promotion against the non-graduate category, but so far, he has not been considered.

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However, the learned counsel for the petitioner submitted that the petitioner had appeared for the XII standard during March 2001 and he could not clear the same. Thereafter, he joined B.B.A. Computer Applications in the

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https://www.mhc.tn.gov.in/judis

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2/5

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W.P. No. 18571 of 2018

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Tamil Nadu Open University and completed XII standard during the year 2011-

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2012 and he has also appeared for XII examination in the year 2012. The petitioner has not acquired the required qualification of 10 + 2 + 3 pattern, though he might have of 10+3+2 pattern, which is contrary to the condition stipulated under G.O.Ms. No. 65, Personnel and Administrative Reforms (S) Department, dated 02.07.2014. Even though the petitioner cannot be the eligible for the promotion panel for the year 2017-18, he could be considered for promotion panel during the year 2018-19, depending upon his seniority.

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