Madras High Court
N.Dhanasekar vs The District Treasury Officer on 21 July, 2023
W.P.Nos.2345 to 2351 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.2345 to 2351 of 2015
and M.P.No. 2 of 2015 (7 Nos)
W.P.No.2345 of 2015 :-
N.Dhanasekar ...Petitioner
-Vs-
1. The District Treasury Officer,
District Treasury,
Vellore,
Vellore District.
2. The Director of Treasuries
and Accounts,
Chennai – 15.
3. The Government of Tamilnadu,
Rep. by its Principal Secretary,
Treasuries and Accounts Department,
Chennai.
4. M.Poonguzhali,
Superintendent,
District Treasury,
Vellore,
Vellore District. ... Respondents
https://www.mhc.tn.gov.in/judis
W.P.Nos.2345 to 2351 of 2015
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the proceedings of the second respondent in
Rc.Pdl.No.182/13/N1 dated 29.09.2014 and the consequential promotion
and posting orders in Rc.No.39684/14/NI-20 dated 30.09.2014 and to
quash the same and consequently direct the respondents to give
promotion to the petitioner to the post of Accountant with effect form the
date when it was due retrospectively and thereby include his name in the
appropriate place in the panel of Accountant for promotion to the post of
Superintendent with all consequential service and monetary benefits.
In all W.Ps.
For Petitioner : No appearance
For Respondents
For R1 to R3 : Mr.V.Veluchamy
Additional Government Pleader
For R4 : Mr.V.Balaji
For Mr.P.Krishnan
COMMON ORDER
All these writ petitions have been filed challenging the panel
of seniority list dated 29.09.2014 and consequential promotion and
posting order dated 30.09.2014, and also to direct the respondents to give
promotion to the petitioners to the post of Accountant.
https://www.mhc.tn.gov.in/judis
W.P.Nos.2345 to 2351 of 2015
2. The petitioners were posted as Junior Assistant in the
District Treasury. They passed necessary departmental tests viz., account
test for subordinate officers part I, account test for subordinate officers
part II and Tamilnadu government office manual test during the month of
May and December in the year 2004 to 2008. However, they were not
included in the promotion panel for the post of Accountant, on the
ground that they have not attended the Bhavanisagar civil service
training and the government has not passed order declaring the
completion of their probation.
3. According to the petitioners, as per G.O.(2D)No.83, Finance
(Treasuries Account-2) Department dated 18.08.2009, their service was
regularized from the date of their joining in the said post. Thereafter,
they also completed the fundamental training meant for Junior Assistants
in the government servant training institute at Bhavanisagar. Though
they made repeated representation to the respondents demanding for their
promotion retrospectively to the post of Accountant, without considering
the same, impugned seniority list was published and consequentially
passed promotion order. The petitioners raised ground that they were
https://www.mhc.tn.gov.in/judis
W.P.Nos.2345 to 2351 of 2015
sent to Bhavanisagar training center belatedly due to administrative
reasons and non declaration of probation in the post of Junior Assistant
on the ground of non completion of Bhavanisagar training cannot be put
against them.
4. On perusal of counter revealed that no junior had been
promoted before the petitioners' promotion, since the petitioners service
have been regularized by the government only on 18.08.2009 vide
G.O.Ms.No.2(D)83 P & AR. Further the petitioners were appointed
based on the judgment of the Hon'ble Supreme Court of India, as such
their regularization was not made by the first respondent herein.
Thereafter those who are appointed in the special category was
regularized as special case. Since there was a delay in that processes, it
cannot be taken for consideration. Based on the service of the petitioners,
they were regularized with effect from 18.08.2009 in the post of Junior
Assistant as per the said Government Order.
5. Further the government had relaxed the rule of age criterion
as per Rule 28 of Tamil Nadu Government State Subordinate Service
https://www.mhc.tn.gov.in/judis
W.P.Nos.2345 to 2351 of 2015
Rules and also relaxed the rule of reservations as per Rule 26 of the said
Rules. The general Rule 23(a)(ii) was also relaxed for receiving the
monetary benefits. Further, the service benefits i.e., seniority and
promotion etc., of the petitioners were not found place anywhere in the
said Government Order. Therefore, their eligibility to hold the post of
Accountant commenced only from the year 2010, as such their request to
include their name in the seniority panel from the year 2007 cannot be
considered.
6. Considering the above facts and circumstances, this Court
finds no infirmity or illegality in the order passed by the second
respondent and all the writ petitions are devoid of merits and liable to be
dismissed. Accordingly all the Writ Petitions are dismissed.
Consequently, connected miscellaneous petitions are closed. There shall
be no order as to cost.
21.07.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.Nos.2345 to 2351 of 2015
G.K.ILANTHIRAIYAN. J,
rts
To
1. The Principal Secretary,
Government of Tamilnadu,
Treasuries and Accounts Department,
Chennai.
2. The Director of Treasuries
and Accounts,
Chennai – 15.
3. The District Treasury Officer,
District Treasury,
Vellore,
Vellore District.
4. The Superintendent,
District Treasury,
Vellore,
Vellore District.
W.P.Nos.2345 to 2351 of 2015
and M.P.No. 2 of 2015 (7 Nos)
21.07.2023
https://www.mhc.tn.gov.in/judis
