V. PRAKASH Vs. SECRETARY TO GOVT. OF TAMILNADU
LAWS(MAD)-2014-3-79
HIGH COURT OF MADRAS
Decided on March 24,2014

V. PRAKASH Appellant
VERSUS
Secretary To Govt. Of Tamilnadu Respondents




JUDGEMENT

- (1.)In this writ petition, the petitioner seeks for issuance of a Writ of Certiorarified Mandamus, to quash the order passed by the first respondent in G.O.Ms.No.87, dated 04.06.2010 and to direct the respondents to promote the petitioner as District Registrar.
(2.)The impugned order is a panel of Sub-Registrars Grade-I fit for appointment to the post of District Registrars for 2009-10. The Government while approving the said panel by the impugned order, deferred the name of the petitioner on the ground that the charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, (Rules), is pending against the petitioner. The petitioner who is working as a Sub-Registrar Grade-I was an aspirant for promotion to the post of District Registrar for the year 2009-10, which post is filled up by recruitment by transfer.
(3.)In terms of Rule 4 of the Special Rules of the Tamil Nadu Registration Services, appointment to the post of District Registrar shall be by recruitment by transfer from among Sub-Registrars Grade-I, who have not completed 57 years of age on the crucial date and passed account test for Executive Officers. In terms of Rule 4A of the Special Rules, the crucial date for preparation of panel for appointment to the post of District Registrar by recruitment by transfer is first of April of every year and for the panel of District Registrars by recruitment by transfer for 2009-10, the crucial date was reckoned as 01.04.2009, the estimation period for the panel is from 11.07.2009 to 10.07.2010 and the check period from 01.04.2004 to 31.03.2009. Though the petitioner would state that he is fully eligible to be included in the panel for the year 2009-10, his name was placed in serial No.27 in the list of candidates, whose case has been deferred on account of pendency of the charges under Rule 17(b) of the Rules.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.