N.BALASUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) This Writ Petition has been filed by N.Balasubramanian challenging the impugned seniority list dated 01.07.2013 on the file of the 3rd respondent for the post of Superintendent, as far as placing the respondents 5 and 6, namely, K.Radha and P.Annadurai above the petitioner is concerned on the ground that when the petitioner as per Rule has passed the departmental tests, namely, Tamil Nadu Hindu Religious and Charitable Endowment Act and Rules and Account Tests for Subordinate Officers Part ­ I and the respondents 5 and 6 have not passed the same tests, they should be placed below the petitioner.

(2.) Learned counsel appearing for the petitioner, assailing the impugned penal prepared for the promotional post of Superintendent, would submit that failure to follow the mandatory Rules as contemplated under the Tamil Nadu Hindu Religious Institutions (Officers and Servants) Services Rules, 1964 is unconstitutional and improper. Continuing his arguments, he would submit that when the said Rule 7(a) specifically contemplates the qualification for promotion of Superintendent from the post of Assistant , it is only on the basis of qualifying tests, such as, Tamil Nadu Hindu Religious and Charitable Endowment Act and Rules and Account Tests for Subordinate Officers Part ­ I, the names of the respondents 5 and 6 are placed the above the petitioner the same is absolutely unjustifiable, therefore, the impugned panel is liable to be set aside.

(3.) Continuing his arguments, he would further submit that the petitioner joined the service in the year 1984 as "Thiru Malai Katti" a flower arranger and thereafter, he was promoted to the post of Para and thereafter, as Junior Assistant and now posted as Assistant on 24.04.2008. Since he has rendered unblemished service, the seniority list prepared by the 3rd respondent should have placed the petitioner's name alone without including the name of the respondents 5 and 6, as they have not passed the test like the petitioner. In support of his submission, he has drawn the notice of this Court Rule 7(a) of the Tamil Nadu Hindu Religious Institutions (Officers and Servants) Service Rules, 1964, which is extracted hereunder: -