WP(MD)No.6979 of 2021

High Court: Madras High Court Bench: Principal
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Issue of Consideration

WP(MD)No.6979 of 2021

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Case Details

2025 LawText (MAD) (02) 206

WP(MD)No.6979 of 2021

2025-02-19

Mr.Justice Shamim Ahmed

2025:MHC:436

Mr.R.SuriyaNarayanan, Mr.D.Sadiq Raja

S.Mayalagu

1. The Director of Collegiate Education, Chennai; 2. The Principal, V.S.S.Government Arts College, Poolankurichi, Sivagangai District

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging an order and seeking notional promotion.

Remedy Sought

Petitioner seeks to quash the order dated 17.10.2019 (Na.Ka.No.18396/B2/2019) and a direction to grant notional promotion as Lab Assistant from 09.07.2008 with all benefits.

Filing Reason

Petitioner was not considered for promotion to the post of Lab Assistant due to a punishment of stoppage of increment for one year without cumulative effect.

Previous Decisions

In W.P(MD)No.5463 of 2008, the petitioner sought appointment to the post of Lab Assistant; the order of this Court is only partially extracted and the full outcome is not mentioned.

Judgment Excerpts

to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the 1st Respondent made in Na.Ka.No. 18396/B2/2019, dated 17.10.2019 and to quash the same and consequently, to direct the Respondents to give notional promotion to the Petitioner as a Lab Assistant in the 2nd Respondent College on and from 09.07.2008, with all attended benefits. the Petitioner was not considered for the said post, since the Petitioner was imposed with the punishment of stoppage of increment for one year, without cumulative effect from 10.11.2008

Procedural History

1. Petitioner appointed as Sports Marker. 2. Proceedings dated 27.10.1997 specified a promotion ratio of 1:2 for the Lab Assistant post. 3. Petitioner imposed punishment of stoppage of increment without cumulative effect from 10.11.2008. 4. Petitioner filed W.P(MD)No.5463 of 2008 seeking appointment as Lab Assistant. 5. Present writ petition filed in 2021 challenging order dated 17.10.2019.

Acts & Sections

  • Constitution of India: Article 226
  • Tamil Nadu Civil Services (Discipline and Appeal) Rules: Rule 17(a)
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