CORAMTHE HONOURABLE MR v. Government of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE OF MADRASDATED: 01.09.2009CORAMTHE HONOURABLE MR.JUSTICE D.HARIPARANTHAMANWRIT PETITION NO.7008 OF 2007A.Sundarraj... PetitionerVs.1. Government of Tamil Nadu rep. By Secretary to Government, Handlooms, Handicrafts, Textiles & Khadi Department, Fort St.George, Chennai-9.2. The Director of Sericulture, Salem-1. ... RespondentsPrayer: The Writ Petition came to be numbered under Article 226 ofthe Constitution of India by transfer of O.A.No.765 of 2002 on thefile of the Tamil Nadu Administrative Tribunal praying to call forthe records in 1.Govt.Lr.No.9071/G1/2001-2 dated 01.10.2001 of the1st respondent 2. Na.Ka.No.38574/Pa 5/99 dated 05.02.2001 3.Pro.No.38574/DSE 5/99-1 dated 15.09.2000 and 4.Pro.Na.Ka.No.21341/CT-2/92 (2,3&4) of the 2nd respondent, quash thesame and direct the respondents to grant Selection Grade in thepost of Assistant Supervisor of Industrial Co-Operatives witheffect from 19.10.1993 with consequential benefits.For petitioner: Mr.M.RaviFor respondents: Mrs.C.K.Vishnupriya, Additional Govt. Pleader.ORDERThe Original Application in O.A.765 of 2002 is now thepresent Writ Petition before this Court.2. Heard the submissions made by the learned counsel forthe petitioner and the learned Additional Government Pleader forthe respondents.3. The petitioner was appointed as an Assistant Supervisorin Industrial Co-Operatives on 19.10.1983, under the Director ofSericulture, Salem-1, the 2nd respondent herein.4. According to him, on completion of ten years on19.10.1983, he is entitled to Selection Grade pay. But the same was https://hcservices.ecourts.gov.in/hcservices/ denied to him pursuant to the disciplinary proceedings that waspending in a Charge Memo dated 14.12.1992.5. The disciplinary proceedings culminated in passing ofthe order dated 22.07.1998, imposing stoppage of increment for 3months without cumulative effects. He preferred the appeal to the2nd respondent and the 2nd respondent rejected the appeal, by anorder dated 05.02.2001. He filed a review against the said order,before the 1st respondent and the revision application was dismissedin the order dated 01.10.2001. After the punishment was imposed inthe order dated 22.07.1998, he was granted Selection Grade, witheffect from 01.01.1999, by an order dated 15.09.2000.6. The petitioner filed an O.A.No.765 of 2002 (W.P.No.7008of 2007) to quash the order dated 22.07.1998, imposing punishmentof stoppage of increment for a period of 3 months withoutcumulative effect, the appellate order dated 05.02.2001, therevisional order dated 01.10.2001 and also the order dated15.09.2000 of the 2nd respondent granting Selection Grade witheffect from 01.01.1999 instead of 19.10.1993.7. The learned counsel for the petitioner states that hedoes not press the prayer relating to the order of punishment dated22.07.1998, imposing the punishment of stoppage of increment for aperiod of 3 months without cumulative effect and the appellate andrevisional order confirming the same.8. The learned counsel states that the pendency ofdisciplinary proceedings and the currency of punishment wereimpediments for the grant of Selection Grade, as per G.O.Ms.No.68,Personnel and Administrative Reforms (Per-M) Department, dated23.01.1986. The learned counsel further submits that the saidimpediments were removed pursuant to the later G.O.Ms.No.276 Publicand Administrative Reforms (Personnel.S) Department, dated07.08.1992.9. The learned counsel has brought to my notice theimpediments that were placed in G.O.Ms.No.68 and the same beingremoved in subsequent G.O.Ms.No.276 and both are extractedhereunder:"G.O.Ms.No.68 Personnel and Administrative Reforms (Per-M)Department:The Government, after careful consideration,have decided to accept the above recommendation of theTamil Nadu Fourth Pay Commission. They accordinglydirect that the guidelines already issued in theGovernment Orders 3 to 11 read above be superseded andthe following fresh guidelines be followed hereafter.While moving the Government employees toSelection/Special Grades.(i)For advancement to Selection Grade/SpecialGrades, all employes, who have put in 10/20years of satisfactory service and who satisfyall the qualifications prescribed under the https://hcservices.ecourts.gov.in/hcservices/ Special Rules/Adhoc Rules for promotion to thehigher post shall be eligible.(ii)All other normal criteria for promotion to ahigher post viz., seniority, good orsatisfactory record of service, the nature ofpunishments imposed on the employee and thelapses for which the punishments were imposed,the pendency of charges of disciplinaryproceedings or enquiry, by Director of Vigilanceand Anti-Corruption, qualifications/testsprescribed under the Special/Adhoc Rules for thehigher post etc. should be followed while movingthe employees to the Selection/Special Grade.(iii)(a) For the purpose of advancement ofSelection/Special Grades, a panel of alleligible employees, who will be completing tenyears/twenty years of service between 1st Januaryto 31st December in a year, shall be preparedbefore the 15th December of the preceding yearand got approved by appointing authority inaccordance with the guidelines issued in sub-para (i) and (ii) above. The actual orders ofappointment to Selection/Special Grade of theemployees concerned shall be issued immediatelyafter the date on which the individual completes10/20 years of service.(b) If an employee, who, at the time ofpreparation of panel, does not possess thequalification required but subsequently acquiresthe qualification before the actual date ofcompletion of 10/20 years of service, theappointing authority shall have the power toinclude his name in the panel and move him tothe Selection/Special Grade.(c) Punishment suffered in between the period ofapproval of panel and advancement toSelection/Special Grade may be taken due note ofby the appointing authorities before actualissue of orders, moving the persons to theSelection/Special Grades.(iv) A copy of the approved panel of names foradvancement to Selection/Special Grade shall becommunicated to the employees whose names wereconsidered (including those whose names have notbeen included in the panel) within a month fromthe date of the approval of the panel. Theperson whose name has not been included shall beentitled to prefer an appeal to the next higherauthority, within two months from the date ofreceipt of the communication of the panel; https://hcservices.ecourts.gov.in/hcservices/ (v) The cases of persons whose names have notbeen included in the panel, shall be reviewed,while preparing subsequent panels.(vi) Service rendered in lower post on otherduty should not be taken into account asqualifying service in the higher post foradvancement to the Selection/Special Grade. Theservice rendered in an equivalent or higher poston other duty alone should be taken into accountfor advancement to Selection/Special Grade, tothe extent he should have acted in his originalpost in the parent department but for hisdeputation.G.O.Ms.No.276 Public and Administrative Reforms(Personnel.S) Department:"In the Government Order read aboveguidelines for advancement to Selection/SpecialGrade posts were laid down. It has been orderedtherein that the criteria as for promotion shouldform the basis for granting Selection/Special Grade,on completion of 10/20 years of service.In the meeting convened by the Hon'ble ChiefMinister, with the Service Associations on01.08.1992, it was represented that the criterionthat one should possess all the qualifications forpromotion to next higher post for awardingSelection/Special Grade should be removed. TheHon'ble Chief Minister announced that this requestwill be considered.The Government after careful considerationof the request of Service Associations and inpartial modification of the orders in the GovernmentOrder first read above and the clarifications issuedthereon from time to time, direct that the criterionthat one should possess the qualifications and passthe tests, if any, prescribed for next higher postsneed not be insisted upon for movement toSelection/Special Grade.All other conditions and guidelinescontained in the Government Order first read abovewill remain unchanged."10. I have perused both the G.O.Ms.No.68, Personnel andAdministrative Reforms (Per-M) Department and G.O.Ms.No.276, Publicand Administrative Reforms (Personnel.S) Department. In view of theG.O.Ms.No.276, Public and Administrative Reforms (Personnel.S)Department, the petitioner is entitled to Selection Grade witheffect from 19.10.1993, as the pendency of disciplinary proceedingis not bar for the grant of Selection Grade. https://hcservices.ecourts.gov.in/hcservices/

11. I am of the considered view, that after the issue ofG.O.Ms.No.276, Public and Administrative Reforms (Personnel.S)Department, the petitioner is entitled to Selection Grade from19.10.1993 on completion of 10 years of service irrespective ofpendency of disciplinary proceedings as on 19.10.1993. 12. Hence, while rejecting the prayer of the writpetitioner, relating to the quashing of the punishment of stoppageof increment, for a period of 3 months without cumulative effect,the prayer relating to the granting of Selection Grade with effectfrom 19.10.1993 is allowed, and a direction is issued to the 2ndrespondent to grant the petitioner Selection Grade as AssistantSupervisor of Industrial Co-operatives with effect from 19.10.1993,within a period of four weeks from the date of receipt of the copyof this order, with all the consequential benefits. 13. With the above direction, the writ petition isdisposed. No costs. Sd/- Asst. Registrar /True Copy/ Sub Asst.Registrar vaTo1. The Secretary to Government of Tamil Nadu, Handlooms, Handicrafts, Textiles & Khadi Department, Fort St.George, Chennai-9.2. The Director of Sericulture, Salem-1.+ One cc to Mr.M.Ravi, Advocate (CC SR 43783/09)W.P.No.7008 of 2007KGK (CO)RH (23.9.09)