IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.34025 OF 2006 A.S.Velusamy .. Petitioner Vs. 1.State of Tamil Nadu, Rep. by its Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai - 600 009. 2.The Director of Town and Country Planning, Chennai - 600 002. .. Respondents Original Application No.8584 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to issue direction to the respondents to promote the applicant as Research Officer/Senior Research Assistant, by virtue of his seniority and other requisite qualifications, with effect from the date when his immediate junior was promoted, with consequential service and monetary benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : Mr.M.Ravi For Respondents : Mr.B.Vijay Government Advocate O R D E R Original Application No.8584 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to issue direction to the respondents to promote the applicant as Research Officer/Senior Research Assistant, by virtue of his seniority and other requisite qualifications, with effect from the date when his immediate juniors were promoted, with consequential service and monetary benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2. The grievance of the petitioner is that his name has not been considered for promotion to the post of Research Officer/Senior Research Assistant based on the seniority, in spite of having necessary qualification. The cause of action for filing the Original Application, is that some of the juniors of the petitioner have been promoted to the post of Research Officer/Senior Research Assistant over looking the claim of the petitioner. 3. Mr.B.Vijay, learned Government Advocate appearing for the respondents pointed out the G.O.2(D).No.2 Housing and Urban Development (UD II) Department, dated 12.1.1998 which is extracted here under: "ORDER: The Government accept the recommendation of the Director of Town and country planning and Direct that the following Research Assistants of the Town and Country planning Department be temporarily appointed on an adhoc basis as Senior Research Assistant in Town and Country planning Department in the scale of pay of Rs.2000-3500 from the date of taking charge subject to the condition that their appointment as Senior Research Assistant should be purely on temporary basis without conferring any right to claim seniority and service rights at a later date for future regular appointment, pending issue of adhoc rules for the post of Senior Research Assistants. 1.Thiru.G.Ramakrishnan, Research Assistant (Socio) 2.Thiru K.Ramakrishnan, Research Assistant (Geo) 3.Thiru P.Santhadurai, Research Assistant (Stat) 4.Thiru K.Subramaniam, Research Assistant (Stat)" If the petitioner is given promotion, the four persons mentioned in G.O.2(D).No.2 Housing and Urban Development (UD II) Department, dated 12.1.1998 will be affected. The said persons have not been added as party respondents. Therefore, the preliminary objection raised by the Government Advocate does not merit consideration as they are juniors to the petitioner. In this case, the departmental proceedings have been concluded and the punishment is not in force at the relevant time. 4. In this case, the petitioner claims promotion to the post of Research Officer/Senior Research Assistant by virtue of the seniority and other requisite qualification. On going through the G.O.2(D)No.2 dated 12.1.1998 which is challenged in the writ petition it does not contain any reason as to why the claim of the petitioner has been overlooked. Four persons, who are juniors to the petitioners, alone have been promoted, even the said four persons promotion is https://hcservices.ecourts.gov.in/hcservices/ subject to certain restrictions, viz., seniority and service rights. In such view of the matter the petitioner is entitled to make a representation within a month from the date of receipt of a copy of this order to the Government or to any other competent authority for notional benefits consequent to the promotion on the basis of his claim and such representation be considered and disposed off on merits within two months thereafter. The Writ Petition stands disposed off in the above terms. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar To 1.The Secretary, Government of Tamil Nadu, Housing & Urban Development, Department, Chennai-9. 2.The Director of Town and Country Planning, Chennai-600 002. 1 cc to Government Pleader, Sr.No.5955 Order in W.P. NO.34025 of 2006 KS {CO} TP/25.2.2010. https://hcservices.ecourts.gov.in/hcservices/