Madras High Court
The District Collector vs S.Nageswaran on 21 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
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.
1. S.Nageswaran
2. The Regional Special Deputy Collector,
Refugee Camp,
Kottappattu,
Trichirappalli (East) Taluk,
Tiruchirappalli. ... 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
https://www.mhc.tn.gov.in/judis
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."
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2. In view of the above pronouncement, we do not see any necessity
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
1. The District Collector,
Trichirappalli District,
Trichirappalli.
2. The Regional Special Deputy Collector,
Refugee Camp,
Kottappattu,
Trichirappalli (East) Taluk,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
bala
JUDGMENT MADE IN
DATED : 21.10.2024
https://www.mhc.tn.gov.in/judis
