- (1.) Leave granted. The questions which arise for consideration in these appeals are whether as a sequel to quashing of the order of punishment by the learned Single Judge, the Appellant became entitled to be promoted to the higher post from the date persons junior to him were promoted and whether the Division Bench of the High Court was justified in declaring that he shall not be entitled to claim notional promotion or promotional benefits.
(2.) The Appellant joined service as Assistant Engineer in the Public Works Department of the Government of Tamil Nadu in 1982. A departmental inquiry was initiated against him vide Memo dated 6.7.1993 on the charge that he was responsible for shortage of material. At the conclusion of the inquiry, the Disciplinary Authority passed order dated 3.10.1994 and directed that Rs. 1,52,941/- be recovered from the Appellant. That order was set aside by the Tamil Nadu Administrative Tribunal (for short, 'the Tribunal') vide order dated 27.30.1994 but gave liberty to the competent authority to pass appropriate order in accordance with law. After about six years, the Appellant was served with Memo dated 31.7.2000 for holding an inquiry on the same charge under Rule 17(b) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules. After considering the inquiry report, the Disciplinary Authority passed order dated 11.6.2004 for recovery of Rs. 1,52,941/- in 74 monthly installments and also imposed the penalty of stoppage of an increment for six months without cumulative effect.
(3.) During the pendency of the departmental proceedings, the State Government promoted 59 Assistant Engineers, including those who were junior to the Appellant, to the posts of Executive Engineers. The Appellant was denied promotion on account of pendency of the departmental proceedings. The representation made by him for promotion to the next higher post was rejected vide letter dated 21.2.2005 on the ground that the punishment imposed vide order dated 11.6.2004 would remain operative till 31.7.2010, i.e., the date of his superannuation.;