Case Note & Summary
The writ petitioner, K. Ponni, was initially holding the post of Head Clerk at Additional Mahila Court, Perambalur. She was promoted as translator, Mahila Court, Perambalur, vide order dated 28.03.2017 passed by the Principal District Judge, Perambalur, and joined on 31.03.2017. She received increments in the promotional post from 2017 to 2021, after which the increment was stopped. She filed a representation and subsequently the present writ petition under Article 226 of the Constitution of India seeking quashing of the orders dated 23.05.2022 and 09.07.2024 passed by the respondents and a direction to grant increment along with dearness allowance for the year 2022 similar to the 4th respondent. The respondents opposed the petition, contending that under Section 30 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, for drawal of increment, the employee must possess the requisite qualification as per the relevant Service Rules. The petitioner had not passed the translation test (i) and (ii), which is a pre-requisite for promotion to the post of translator in the Judicial Department. The court noted that an unqualified person was promoted by the Principal District Judge, and actions were initiated against the said judge. The court held that since the petitioner did not possess the requisite qualification, she was not entitled to increment. The writ petition was dismissed. No costs.
Headnote
A) Service Law - Increment - Qualification Requirement - Section 30 of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - The petitioner was promoted as translator without passing the mandatory translation test (i) and (ii). The court held that for drawal of increment, the employee must possess the requisite qualification as per Service Rules. Since the petitioner lacked the qualification, she was not entitled to increment. The writ petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether an employee promoted to a post without possessing the requisite qualification is entitled to increment attached to that post under Section 30 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016
Final Decision
The writ petition is dismissed. No costs.
Law Points
- Promotion without requisite qualification does not confer right to increment
- Section 30 of Tamil Nadu Government Servants (Conditions of Service) Act
- 2016 requires employee to possess qualification for drawal of increment
- Writ petition under Article 226 of Constitution of India
Case Details
2026 LawText (MAD) (06) 134
S. M. Subramaniam, N. Senthilkumar
Ms. C. Sangamithirai for petitioner, Mr. J. Chandran Sundar Sashikumar for respondents
The Principal District Judge, The Principal District Court, Perambalur; The Judge, The Family Court, Perambalur; The Registrar General, The Honorable Madras High Court, Chennai; K. Manju
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging orders stopping increment and seeking direction to grant increment
Remedy Sought
Petitioner sought quashing of orders dated 23.05.2022 and 09.07.2024 and direction to respondents to grant increment along with dearness allowance for the year 2022 similar to the 4th respondent
Filing Reason
Non-sanctioning of increment attached to the post of translator in Judicial Department to the writ petitioner
Issues
Whether the petitioner is entitled to increment for the post of translator when she does not possess the requisite qualification (translation test) as per Service Rules
Submissions/Arguments
Petitioner argued that she was promoted to the post of translator and therefore entitled to monetary benefits including increment; increment was sanctioned initially and then stopped.
Respondents argued that under Section 30 of Tamil Nadu Government Servants (Conditions of Service) Act, 2016, for drawal of increment, the employee must possess requisite qualification; petitioner had not passed translation test (i) and (ii), which is pre-requisite for promotion to translator post.
Ratio Decidendi
For drawal of increment attached to a post, the employee must possess the requisite qualification as contemplated under the relevant Service Rules. Promotion without qualification does not entitle the employee to increment.
Judgment Excerpts
Non-sanctioning of increment attached to the post of translator in Judicial Department to the writ petitioner resulted in instituting the present writ petition.
Learned counsel appearing on behalf of the respondents would oppose by stating that under Section 30 of the Tamil Nadu Government Servants (Conditional of Service) Act, 2016, for drawal of increment, the employee holding the post must possess the requisite qualification as contemplated under the relevant Service Rules.
Procedural History
Petitioner was promoted as translator on 28.03.2017 and joined on 31.03.2017. She received increments from 2017 to 2021, after which increment was stopped. She filed a representation and then the present writ petition under Article 226 of Constitution of India challenging orders dated 23.05.2022 and 09.07.2024.
Acts & Sections
- Tamil Nadu Government Servants (Conditions of Service) Act, 2016: Section 30
- Constitution of India: Article 226
