Case Note & Summary
The case involves a writ appeal filed by the Tamil Nadu State Express Transport Corporation against a writ order dated 21.01.2021 in W.P.No.20939/2009. The respondent, K. Sivalingam, was appointed as a conductor on 12.10.1978 and retired on 31.01.2011. He sought promotion to the post of Checking Inspector, claiming that his juniors were promoted. The appellant contended that the respondent was not considered because he had three punishments during the currency of which he was ineligible for promotion. The court examined the facts and found that two seniors, Mr. H. Jabber and Thiru. V. Mani, had obtained 24 years of review and were promoted in 2007 and 2008 respectively. The respondent's case was not considered due to the three punishments. The court held that there was no infirmity in the appellant's decision and set aside the writ order, allowing the appeal.
Headnote
A) Service Law - Promotion - Eligibility - Currency of Punishment - The respondent employee was not entitled to promotion to the post of Checking Inspector as he suffered three punishments and his case was not considered during the currency of those punishments. The court held that the decision of the appellant not to grant promotion was not infirm. (Paras 5-6)
Issue of Consideration
Whether the respondent employee was entitled to promotion to the post of Checking Inspector despite having three punishments during the currency of those punishments.
Final Decision
The writ order dated 21.01.2021 in W.P.No.20939/2009 is set aside and the Writ Appeal is allowed. Consequently, connected miscellaneous petition is closed.
Law Points
- Promotion during currency of punishment not permissible
- Service rules govern promotion eligibility
- Punishment currency bars consideration for promotion
Case Details
2026 LawText (MAD) (06) 110
WA No. 635 of 2023 and CMP No. 6261 of 2023
S. M. Subramaniam, N. Senthilkumar
Mr. C.H. Mahith Sai for Mr. K. Kathiresan (for appellant), No appearance (for respondent)
The Managing Director, Tamil Nadu State Express Transport Corporation Ltd.
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Nature of Litigation
Writ appeal against a writ order directing promotion to the post of Checking Inspector.
Remedy Sought
The appellant sought to set aside the writ order dated 21.01.2021 and dismiss the writ petition.
Filing Reason
The appellant challenged the writ order that directed promotion of the respondent despite his three punishments.
Previous Decisions
The writ court had allowed the respondent's petition and directed promotion.
Issues
Whether the respondent was entitled to promotion during the currency of three punishments.
Submissions/Arguments
The appellant argued that the respondent was not eligible for promotion due to three punishments during their currency.
The respondent sought promotion on par with juniors.
Ratio Decidendi
An employee suffering punishments is not eligible for promotion during the currency of those punishments, and the employer's decision not to consider such employee for promotion is not infirm.
Judgment Excerpts
In view of the fact that the respondent suffered three punishments, he is not eligible for promotion during the currency of punishments.
This Court does not find any infirmity in respect of the decision taken by the appellant for not granting promotion to the post of Checking Inspector to the respondent.
Procedural History
The respondent filed WP No.20939/2009 seeking promotion. The writ court allowed the petition on 21.01.2021. The appellant filed WA No.635/2023 against that order. The High Court allowed the appeal on 03.06.2026.
