Madras High Court
R.Jayakumar vs The Government Of Tamil Nadu on 4 October, 2021
W.P.No.20453 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20453 of 2021
(Through Video Conferencing)
R.Jayakumar ... Petitioner
Vs
1.The Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
Municipal Administration &
Water Supply Department,
Secretariat, Chennai – 600 009.
2.The Chairman/Board Appeal Committee,
Tamil Nadu Water Supply &
Drainage Board, Chepauk,
Chennai – 600 005.
3.The Managing Director,
Tamil Nadu Water Supply &
Drainage Board, Chepauk,
Chennai – 600 005. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue Writ of Mandamus, directing the respondents 1 and 2 to consider
the claim of the petitioner for his empanelment in the panel of Executive
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W.P.No.20453 of 2021
Engineers fit for promotion as Superintending Engineer for the year
2014-2015 in the appropriate place therein and to promote him as
Superintending Engineer with retrospective effect from the date of
promotion of his immediate junior with consequential benefits including
revision of pensionary benefits.
For Petitioner : Mr.M.Ravi
For Respondents : Mr.L.S.M. Hasan Fizal,
Government Advocate for R1
: Mrs.Kala Ramesh,
Standing Counsel for R2 & R3
ORDER
This writ petition is disposed of at the time of admission without
notice to the respondents considering the fact that the petitioner's appeal
is pending before the first and second respondents.
2. The petitioner was imposed with an order of punishment
censure vide punishment dated 27.02.2014. At that time, the petitioner
was serving as an Executive Engineer and was otherwise fit for being
promoted as a Superintendent Engineer.
https://www.mhc.tn.gov.in/judis
W.P.No.20453 of 2021
3. The learned counsel for the petitioner submits that the
punishment imposed on the petitioner on 27.02.2014 was prior to the
crucial date prior for preparing the panel for promotion to the post of
Superintendent Engineer on 01.07.2014 and therefore the petitioner's
name was not included in the panel for the promotion to promote the
petitioner as a Superintendent Engineer.
4. The learned counsel for the petitioner further submits that the
punishment of censure is self limiting order and has no currency beyond
its date. He further submits that the issues is clearly covered by the
decision of the Full Bench of this Court in its judgment dated 27.04.2011
in W.A. (MD).No.315/2010 etc, batch cases reported in 2011 (3) CTC
129 (The Deputy Inspector General of Police, Thanjavur Range Vs
V.Rani), which has been followed in several cases by this Court. In this
connection, the learned counsel for the petitioner has also referred to the
other few orders of this Court rendered in WP.Nos.21154 of 2011 and
WP(MD).No.20782 of 2019.
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W.P.No.20453 of 2021
5. The learned counsel for the petitioner further submits that the
Full Bench in its judgment answered the issue. Relevant portion of the
judgment reads as under:
“5. Consequently, the embargo put on the right of
Government servant for being considered for promotion
for a further period, after the period of minor punishment
is over, in the name of 'check period' viz., one year in the
case of censure and five years in the case other minor
punishments is illegal and impemissible under the
Statutory Rules.”
6. Considering the facts that the petitioner appeal is pending
before the 1st and 2nd respondents, this writ petition is disposed at the
time of admission by directing the respondents to consider and pass
appropriate orders on the appeal of the petitioner within a period of eight
weeks from the date of receipt of copy of this order. While passing
appropriate order on the appeal of the petitioner, the 2nd respondent shall
also take note of the ratio of the Courts in the decisions cited above.
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W.P.No.20453 of 2021
7. This Writ Petition is disposed of with the above observations.
04.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
drl
To
1.The Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
Municipal Administration &
Water Supply Department,
Secretariat, Chennai – 600 009.
2.The Chairman/Board Appeal Committee,
Tamil Nadu Water Supply &
Drainage Board, Chepauk,
Chennai – 600 005.
3.The Managing Director,
Tamil Nadu Water Supply &
Drainage Board, Chepauk,
Chennai – 600 005.
https://www.mhc.tn.gov.in/judis
W.P.No.20453 of 2021
C.SARAVANAN,J.
drl
W.P.No.20453 of 2021
04.10.2021
https://www.mhc.tn.gov.in/judis
