The Transport Commissioner vs S.Rajadurai
2024 Latest Caselaw 20155 Mad

Madras High Court

The Transport Commissioner vs S.Rajadurai on 24 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                       W.A.(MD).No.2158 of 2024



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 24.10.2024

                                                  CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                        W.A.(MD).No.2158 of 2024
                                                  and
                                       C.M.P.(MD)No.15182 of 2024


              The Transport Commissioner,
              Chepauk,
              Chennai – 5.                                        ... Appellant

                                                    -vs-

              S.Rajadurai                                         ... Respondent

              PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against
              the order passed by this Court in W.P.(MD)No.8507 of 2024, dated
              10.07.2024.
                           For Appellant         : Mr.P.T.Thiraviyam,
                                                   Government Advocate
                           For Respondents       : Mr.R.Subramanian
                                                   For Mr.A.Robinson



                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Mr.R.Subramanian, learned counsel takes notice for the respondent.

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

2.The Appeal is at the instance of the Government. The respondent

challenged his non inclusion in the panel for promotion for the crucial date

15.03.2021 prepared in the year 2023. Though the respondent was fully

qualified as on the crucial date 15.03.2021, since he was subsequently

chargesheeted, he was not included in the panel prepared on 26.02.2024

for the panel year 2021 – 2022. The charge sheet was issued only on

23.05.2023. The chargesheet is based on a surprise inspection conducted

on 29.10.2021. Both these events are after the crucial date, the Writ Court

rightly held that in so far as inclusion in the panel for promotion is

concerned, the status of an employee as on the crucial date alone is to be

taken on account, any subsequent events cannot be taken into account.

This view of the Writ Court is supported by the judgment of a Hon'ble

Division Bench in W.A.No.846 of 2019, where the Hon'ble Division Bench

has elaborately discussed the issue and held that the pendency of charges

as on the crucial dates alone will count and not subsequent events. The

Hon'ble Supreme Court has also taken the same view in Union of India

and others v. Doly Loyi reported in 2024 SCC Online SC 2613.

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

3.In view of the settled legal position, we see no merit in the Appeal.

Hence, 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.]
                                                                     24.10.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Mrn

              To

              The Transport Commissioner,
              Chepauk,
              Chennai – 5.




                ____________

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Mrn

24.10.2024

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