1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).No.384 of 2011 and M.P.No.2 of 2011 1.The Principal Chief Conservator of Forests, Chennai 600 015. 2.The Chief Conservator of Forests and Field Director, Kalakad Mundanthurai Tiger Reserve, Opposite to Annai Kalyana Mandapam, N.G.O. "A" Colony, Tirunelveli. : Appellants Vs. B.Jebas : Respondent / Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 13.10.2010 made in W.P.(MD).No.12779 of 2010 on the file of this Court. Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to include the petitioner's name in the ensuing panel for promotion to the post of Forest Ranger for the year 2010-2011 and promote as such not withstanding and without reference to the imposition of minor penalty of postponement of increment for three months without cumulative effect and imposition of punishment of warning in (1) order No.438/07, dated 30.05.2008 of Deputy Director Cum Wild Life Warden, Kalakadu Sanctuary and (2) Che.Mu.Order No.Va.Ku./4250/2006, dated 22.06.2010, of the District Forest Officer, Tuticorin District, respectively with all consequential benefits. For Appellants : Mr.K.Mahendran Special Government Pleader For Respondent : Mr.M.Saravanakumar https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT [Judgment of the Court was delivered BY A.ARUMUGHASWAMY, J] Challenge in this Writ Appeal is to the order dated 13.10.2010 made in W.P.(MD).No.12779 of 2010. 2. The said Writ Petition was filed seeking a Writ of Mandamus directing the first appellant herein to include the name of the respondent herein in the ensuing panel for promotion to the post of Forest Ranger for the year 2010 – 2011 and promote him without reference to the imposition of minor penalty of postponement of increment without cumulative effect for three years and the imposition of punishment of warning issued by the second appellant herein dated 22.06.2010. 3. The Writ Court, by order dated 13.10.2010, had disposed of the said Writ Petition thereby directing the first appellant to consider the representation of the respondent dated 06.10.2010 and pass orders in the light of the order passed by the Writ Court in W.P.(MD). No.12083 of 2009, dated 01.12.2009 and in accordance with law. Challenging the said order, the appellants have come up with the present Writ Appeal. 4. The contention of the learned Special Government Pleader appearing for the appellants is that the name of the respondent cannot be included in the panel for promotion to the post of Forest Ranger for the year 2010 – 2011, since he was imposed with punishment of stoppage of increment for a period of three months without cumulative effect and on the crucial date, he was undergoing punishment and the punishment was in currency at the time of preparation of panel, and therefore, the respondent is not entitled for the relief sought for. 5. The learned counsel appearing for the respondent contended that the offence said to have been taken place relates to the year 2007 and since there is no punishment on the crucial date, the respondent is entitled to the relief sought for. 6. We have considered the above submissions made by the respective learned counsel and perused the records carefully. 7. Admittedly, within the check period, there was a currency of punishment and based on the same, the claim of the respondent for promotion was not considered. For promotion to the post of Ranger, the crucial date is 15th August of the concerned year. If there is any punishment, viz., withholding of increment, censure etc., the same should be a bar during the currency of punishments or for certain periods and within the check period and the same will have an effect on promotion/inclusion of name in the panel. In the case on hand, within the check period, there was a currency of punishment, and https://hcservices.ecourts.gov.in/hcservices/ 3 therefore, in our considered opinion, the promotion denied during the relevant period cannot be said to be illegal. 8. At this juncture, it would be worthwhile to refer to a Judgment of the Hon'ble Supreme Court in State of Tamil Nadu vs. K.S.Murugesan and others reported in 1995 (3) SCC 273, wherein, the Hon'ble Supreme Court had held that currency of punishment is a bar for promotion. Recently, a Full Bench of this Court in The Deputy Inspector General of Police, Thanjavur Range, v, V.Rani reported in 2011 (3) CTC 129, also took the same view. 9. For the reasons discussed above, we are of the considered opinion that the order of the learned Single Judge needs interference. Therefore, the order dated 13.10.2010 made in W.P.(MD). No.12779 of 2010 is set aside and the Writ Appeal is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Principal Chief Conservator of Forests, Chennai 600 015. 2.The Chief Conservator of Forests and Field Director, Kalakad Mundanthurai Tiger Reserve, Opposite to Annai Kalyana Mandapam, N.G.O. "A" Colony, Tirunelveli. JUDGMENT MADE IN W.A.(MD).No.384 of 2011 17.06.2011 NB SMA/05.7.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/