Madras High Court
The Chairman vs T.P.Ranganathan on 18 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.393 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.393 of 2024
and
C.M.P.No.2652 of 2024
1.The Chairman,
Tamil Nadu Housing Board,
Koyambedu, CMDA Complex,
E & C Market Road,
Chennai - 35.
2.The Managing Director,
Tamil Nadu Housing Board,
Koyambedu, CMDA Complex,
E & C Market Road,
Chennai - 35.
3.The Secretary and Personal Officer,
Tamil Nadu Housing Board,
Koyambedu, CMDA Complex,
E & C Market Road,
Chennai - 35. ... Appellants /
Respondents
versus
T.P.Ranganathan
S/o.T.P.Seshadri,
Junior Engineer,
Thirumazhisai Satellite Town Division,
Tamil Nadu Housing Board,
Chennai - 56. ... Respondent /
Petitioner
1/5
https://www.mhc.tn.gov.in/judis
W.A.No.393 of 2024
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in W.P.No.6118 of 2023 dated 28.06.2023.
For Appellants : Mr.V.Logesh
Standing Counsel for TNHB
For Respondent : M/s.T.Dharani
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order of the Writ Court made in
W.P.No.6118 of 2023 dated 28.06.2023 concluding that the respondent /
petitioner would be entitled to notional promotion with effect from
31.05.2007 on par with his immediate junior Mr.E.John Joseph Raj.
2. Challenge in the Writ Petition was to the order dated
23.12.2022, in and by which, the request of the respondent for promotion on
par with his junior was rejected on the ground that the respondent was
awarded with punishment of censure on 25.08.2006 by the Board and since
the promotion panel was for the year 2006-2007, he was not included in the
said panel.
3. The writ court relied upon the judgment of the Full Bench of
this Court in the case of The Deputy Inspector General of Police,
Thanjavur Vs. V.Rani reported in 2011 (3) CTC 129, wherein the check
https://www.mhc.tn.gov.in/judis
period of one year for a punishment of censure was held to be impermissible
under the statutory rules. In view of the said judgment of the Full Bench, the
writ court allowed the writ petition directing the respondent be given
notional benefits with effect from 31.05.2007. Aggrieved the Board is on
appeal.
4. The refusal by the Board is based on the clarification issued by
the State and that the clarification is based on the amended rules which were
introduced in the year 2013, at that time when promotion panel was drawn
for the year 2006-2007, the said rule was not in existence. Therefore, the
judgment of this Court in V.Rani was rightly applied by the writ court.
5. Hence, we see no reason to interfere with the order of the Writ
Court. The Writ Appeal fails and it is accordingly dismissed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(R.S.M., J.) (G.A.M., J.)
18.02.2025
Speaking order / Non-Speaking order
Index : Yes / No
Neutral Citation : Yes / No
sri
To
https://www.mhc.tn.gov.in/judis
T.P.Ranganathan
S/o.T.P.Seshadri,
Junior Engineer,
Thirumazhisai Satellite Town Division,
Tamil Nadu Housing Board,
Chennai - 56.
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
sri
and
18.02.2025
https://www.mhc.tn.gov.in/judis
