IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.36258 of 2006 Z.K.Usman Khan .. Petitioner/Applicant Vs. 1.State of Tamil Nadu rep. by the Secretary to Government, Finance (Treasuries and Accounts I) Department, Fort St. George, Chennai 600 009. 2.The Commissioner of Treasuries and Accounts, Chennai – 15. .. Respondents/Respondent PRAYER : Original Application No.8789 of 1998 was filed before the Tamil Nadu Administrative Tribunal, praying to quash G.O.Ms.No.313 Finance (Treasuries and Accounts – I) Department dated 30.06.1998 passed by the first respondent and direct the respondents to include the name of the Petitioner/Applicant in the panel of Joint Directors of Tresuires and Accounts issued by the first respondent in G.O.Ms.No.55 Finance (Treasuries and Accounts I) Department dated 10.02.1997 for the year 1996-1997 and direct the respondents to promote the Petitioner/Applicant herein as Joint Director of Treasuries and Accounts in one of the vacancies that actually existed on 10.02.19997 with consequential service and retirement benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : S.Vadivelu For Respondents : Mr.S.Shivashnamugam, Government Advocate O R D E R Original Application No.8789 of 1998 was filed before the Tamil Nadu Administrative Tribunal, praying to quash G.O.Ms.No.313 Finance (Treasuries and Accounts – I) Department dated 30.06.1998 passed by the first respondent and direct the respondents to include the name of the petitioner in the panel of Joint Directors of https://hcservices.ecourts.gov.in/hcservices/ Treasuries and Accounts issued by the first respondent in G.O.Ms.No.55 Finance (Treasuries and Accounts I) Department dated 10.02.1997 for the year 1996-1997 and direct the respondents to promote the petitioner herein as Joint Director of Treasuries and Accounts in one of the vacancies that actually existed on 10.02.19997 with consequential service and retirement benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2.Under G.O.Ms.No.55 Finance (Treasuries and Accounts I) Department dated 10.02.1997, the Government has approved the temporary list for the post of Joint Director of Treasuries and Accounts for the year 1996-1997. In the above said list, the name of the petitioner a Class II Officer of the Tamil Nadu State Treasuries and Accounts Service was also considered along with others but, his name was not included in the above said list as he was awarded the punishment of "Censure" by the Commissioner of Treasuries and Accounts vide his Proc.Rc.710/96/Q3 dated 30.5.1996. Subsequently, the Government, under G.O.Ms.No.296, Finance (Treasuries and Accounts I) Department, dated 3.6.1997 has set aside the punishment of "Censure". The petitioner filed an appeal to the Government to include his name in the temporary list for the post of Joint Director of Treasuries and Accounts for the year 1996-1997. 3.The petitioner one grievance is that one Govindan, whose name was included in the list, was not qualified on 10.2.1997, the date on which the said list was approved. However, the respondent department justified the inclusion of the name of stating that he was holding the post of Class II Officer on 15.6.1996 and therefore, on the crucial date of preparing the panel i.e. On 10.2.1997, he is fully qualified to hold the post of Joint Director of Treasuries and Accounts. The claim of the petitioner was however rejected. According to the petitioner since the Government decided to set aside the punishment of "Censure", he will be entitled to be considered for promotion to the post of Joint Director of Treasuries and Accounts for the year 1996-97. The petitioner was given promotion as Joint Director of Treasuries and Accounts from the post of Class II Officer by common proceedings in respect of all Class IIA Officer. The petitioner grievance is that his claim for promotion to the post of Joint Director of Treasuries and Accounts should be considered as on the crucial date i.e. 10.2.1997, since, the punishment of "Censure" has already been set aside. This aspect of the claim has not been considered by the Government. Learned counsel prayed that petitioner will make a representation to the authorities for their consideration. 4.In such view of the matter, the petitioner is at liberty to make a representation to the Government and the Government shall considerer the claim of the petitioner for promotion to the post of Joint Director of Treasuries and Accounts and consequential benefits https://hcservices.ecourts.gov.in/hcservices/ that will flow. The representation so made shall be considered and disposed of on merits within a period of three months from the date of receipt of such representation. This writ petition stands disposed of accordingly. No costs. vsm Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Secretary, Government of Tamil Nadu, Finance (Treasuries and Accounts I) Department, Fort St. George, Chennai 600 009. 2.The Commissioner of Treasuries and Accounts, Chennai – 15. + 1 cc to Mr.S.Vadivelu, Advocate SR No.10465 + 1 cc to Government Pleader, SR No.10983 SGL(CO) SR/18.3.2010 W.P. NO.36258 of 2006 https://hcservices.ecourts.gov.in/hcservices/