Madras High Court
Tmt.S.Sumathi vs The Secretary on 9 June, 2022
W.P.No.8194 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.8194 of 2014
Tmt.S.Sumathi ... Petitioner
Vs.
1.The Secretary,
Tamil Nadu General and Distribution
Corporation Limited,
144 Anna Salai,
Chennai – 600 002.
2.The Chief Engineer (Personnel)
Tamil Nadu General and Distribution
Corporation Limited,
144 Anna Salai,
Chennai – 600 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the order passed by the 1st Respondent in his proceedings in
Memorandum No.90959/A1/A12/2013-2 dated 13.02.2014 and quash the
same, and direct the Respondents to give notional promotion to the
petitioner as Deputy Financial Controller from the date on which her
juniors was promoted and restore the seniority of the petitioner in the
cadre of Deputy Financial Controller and consider the petitioner for
further promotion to the post of Financial Controller along with others.
https://www.mhc.tn.gov.in/judis
Page 1 of 5
W.P.No.8194 of 2014
For Petitioner : Mr.P.Ganesan
For Respondents : Mrs.S.Anitha
Special Government Pleader
ORDER
The order of rejection dated 13.02.2014 rejecting the claim of the
writ petitioner retrospective promotion par with her Juniors is under
challenge in the present writ petition.
2. The petitioner states that she was appointed as Assistant
Accounts Officer on 30.06.2000 and thereafter, promoted to the post of
Accounts Officer on 03.11.2006. The next avenue of promotion is to the
post of Deputy Financial Controller. The petitioner was imposed with a
punishment of Censure on 21.04.2007 during the relevant point of time the
panel of persons in the cadre of accounts officer for promotion to the
Deputy Financial Controller were promoted and learned counsel for the
petitioner states that juniors to the writ petitioner were also promoted to
the said post of Deputy Financial Controller.
3. In view of the fact that the petitioner was suffering from
punishment of Censure on the crucial date. The crucial dated as per the
https://www.mhc.tn.gov.in/judis
W.P.No.8194 of 2014
petitioner was 01.01.2008 and the currency of punishment of Censure
expired on 24.01.2008. It is an admitted fact that after expiry of the
currency the petitioner was promoted to Deputy Financial Controller on
30.01.2008. The only contention of the petitioner is that, subsequently, the
Hon’ble Full Bench of this Court has quashed the check period in the case
of Deputy Inspector General Vs. V.Rani reported in 2011 (3) CTC 129.
4. This Court is of the considered opinion that the Full Bench of
judgment of the year 2011 cannot be retrospectively applied in respect of
the case, where the promotion was over looked in the year 2008 based on
the rules which was imposed.
5. This being the factum, the petitioner is not entitled for
retrospective promotion of the year 2008 and consequently, the impugned
order passed by the respondents stands confirmed and the Writ Petition
stands dismissed. No costs.
09.06.2022
Jeni/Ab
Internet : Yes
Index : Yes
Speaking order : Yes
https://www.mhc.tn.gov.in/judis
W.P.No.8194 of 2014
To
1.The Secretary,
Tamil Nadu General and Distribution
Corporation Limited,
144 Anna Salai,
Chennai – 600 002.
2.The Chief Engineer (Personnel)
Tamil Nadu General and Distribution
Corporation Limited,
144 Anna Salai,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
W.P.No.8194 of 2014
S.M. SUBRAMANIAM, J.
Jeni
W.P.No.8194 of 2014
09.06.2022
https://www.mhc.tn.gov.in/judis
