SEKAR REPORTER

Court News from Madras High Court

Full order of Cont P.Nos.564 and 1225 of 2021 N.ANAND VENKATESH.J.,      This court heard the learned  counsel appearing on behalf of the petitioners and also the learned Additional Advocate General appearing on behalf of the Department.

by ·

Cont P.Nos.564 and 1225 of 2021

N.ANAND VENKATESH.J.,

This court heard the learned  counsel appearing on behalf of the petitioners and also the learned Additional Advocate General appearing on behalf of the Department.

  1. The submissions made on either side and the materials available on

record, exposes two factors which disturbs the mind of this court. When this court gave a leverage to the department under Clause “C” in paragraph 25 of the order dated 23.12.2020, the same was given only to meet any exigencies. Such a leverage was not given to misuse the order.

  1. A reading of the counter affidavit shows that the height of activity

had actually taken place on 26.02.2021 which was the day on which the election notification was issued. Therefore, the temporary promotion order does not seem to have been passed to meet the exigency, but it has been passed to get over the election notification. If the election notification had been issued, the respondent could not have passed such an order. That is the reason why so much of urgency was shown in issuing the orders. As a result of the same, 116 assistants were temporarily promoted as Sub Registrar Grade-II and on the same day 65 of them were given promotion as Sub Registrar Grade-I.

  1. There is yet another issue that was brought to the notice of this

court. In Clause “F” of the paragraph 25 of the order, this court made it very clear that the Rule of Reservation will apply only for the purpose of enforcing the same, at the point of time of recruitment by transfer from other services while redrawing the panel and it cannot be extended while considering the promotion. This court also made it clear that the promotion panel will have to satisfy the requirements of the service rules governing the parties. A reading of the counter affidavit at paragraphs 8 and 9 show that the rule of reservation has been followed, while passing the promotion order and this is in direct violation of the orders passed by this court.

  1. The above two grounds are enough for this court to issue statutory

notice to the respondent and proceed further with the contempt petitions, however, the learned Additional Advocate General sought for some time to take instructions and report before this court. This court hopes that the respondent atleast now, realise the mistake that has been committed, due to the hastiness shown while passing the orders and make appropriate amends for the same. That is the only reason for which this matter is adjourned to a future date and the learned Additional Advocate General shall appropriately instruct the respondent.

  1. Post this case under the same caption on 08.11.2021 at 2:15 p.m.

 

06.10.2021

RAP/JER

Note:Issue Order copy on 08.10.2021

N.ANAND VENKATESH.J.,

RAP

Cont P.Nos.564 and 1225 of 2021

06.10.2021

You may also like...