Judgment · High Court · 2008

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.7.2008CORAM :THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYAANDTHE HON'BLE MR.JUSTICE V.DHANAPALANW.P.NO.13834 OF 2008ANDM.P.NO.1 OF 2008M.PrakasanSub Judge (Senior Division),Chidambaram 608 001. Cuddalore District. Petitioner -vs-The Registrar General, High Court of Judicature at Madras, Chennai 600 104. RespondentPRAYER : Writ Petition filed under Article 226 of the Constitution of India for issue of a writ of certiorarified mandamus to call for therecords pertaining to the impugned proceeding vide R.O.C.No.6362A/2007-B2 dated 16.2.2008 Official Memorandum of the respondent to quash therejection order of request for seniority and direct the respondent toplace the petitioner in appropriate original seniority with allattendant benefits forthwith. For petitioner : Mr.V.ManoharFor respondent : Mr.T.S.SivagnanamORDER(Order of the court was made by S.J.MUKHOPADHAYA,J.)The petitioner, a Civil Judge (Senior Division) represented forrestoration of his seniority at serial number 9. The AdministrativeSide of this Court having rejected the representation, he has challengedthe communication dated 16th February 2008 issued under the signature ofthe Registrar General. https://hcservices.ecourts.gov.in/hcservices/

The petitioner was selected for appointment as Civil Judge(Junior Division) by Tamil Nadu Public Service Commission ('Commission'for short) and appointed as Civil Judge (Junior Division by GovernmentOrder dated 6th June 1991. In the merit list, his position was only asserial number 9. In the year 2002-2003, when the others were consideredfor promotion to the higher rank of Civil Judge (Senior Division), thepetitioner was not promoted and subsequently, he was promoted on 18thMarch 2004. Thereafter, the seniority of the petitioner was not restoredover his juniors in the lower cadre of Civil Judge (Junior Division).Aggrieved by that, he preferred the writ petition.

The respondents, in their counter affidavit, while givingdetails of service career of the petitioner, produced relevant fileshowing the grounds for rejection.

We have heard the learned counsel for the parties and noticedthe rival submissions.

On the record, it appears that the case of the petitioner wasconsidered by the Selection Committee for promotion on 28th November 2001along with 25 others. In view of the pendency of Vigilance Enquiry, thecase of the petitioner was deferred. The petitioner preferred arepresentation on 11th April 2002 for his promotion. His case was againconsidered by the Committee in its meeting held on 8th April 2003. Thesaid Committee also considered the representation of the petitioner andmade the following observation:-"Considered the representation of Thiru.M.Prakasan. Considering the remarks recorded by the PortfolioJudges in the confidential reports, work donestatements and Vigilance reports, it is resolved that Thiru.M.Prakasan is found not suitable for promotionto the Cadre of Civil Judges (Senior Division), forthe present. "

In view of the aforesaid reason shown while rejecting therepresentation, the petitioner's case was deferred in the saidproceedings dated 8th April 2003. Subsequently, he, having been foundfit, was promoted with effect from 18th March 2004.

One of the submissions made on behalf of the petitioner is that, the order of promotion with effect from 18th March 2004, having beengranted on the petitioner's representation, should date back to the datefrom which the petitioner's juniors were promoted. But, such submissioncannot be accepted, the order of promotion having been issued from aprospective date and not from a retrospective date. The petitioner, having been promoted as Civil Judge (Senior Division) from 18th March2004, cannot claim seniority over others who have been promoted priorto the said date. https://hcservices.ecourts.gov.in/hcservices/

We find no merit in the writ petition. It is, accordingly, dismissed. There shall be no order as to costs. The connectedMiscellaneous Petition is also dismissed. Sd/Asst. Registrar/true copy/Sub Asst. Registrarssk. ToThe Registrar GeneralHigh Court of Judicature, Madras - 104.1 cc To Mr.T.S.Sivagnanam, Advocate, SR.40523.W.P.No.13834/2008 GGK(CO)RVL 11.08.2008