THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.13849 of 2020 and. In the above circumstances, this writ petition is disposed of with a direction to the first respondent to issue necessary clarification or to initiate any action for inclusion of the post of Lab Assistant for promotion to the post of Junior Assistant, notwithstanding the parity of pay scales as applicable to both the posts in order to subserve the spirit of the rule for which it was amended in 2002.

[2/8, 19:02] Sekarreporter1: [2/8, 17:31] Sekarreporter1: W.P.No.13849 of 2020 and
W.M.P.Nos.17212 to 17215 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 21.12.2020
Pronounced on : 05.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.No.13849 of 2020 and
W.M.P.Nos.17212 to 17215 of 2020
1.V.Sumathi
2.Muthamilselvan
3.S.Josphine Mary
4.V.Vijayakumar
5.D.Sankar
… Petitioners
-Vs-
1.The Secretary,
Rep for Government,
School Education,
Fort St.George,
Chennai 600 009.
2.The Joint Director (Personnel),
DPI Campus,
Chennai 600 006.
3.The Chief Educational Officer,
Villupuram District.
4.The District Educational Officer,
Tindivanam, Villupuram. … Respondents
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[2/8, 17:31] Sekarreporter1: W.P.No.13849 of 2020 and
W.M.P.Nos.17212 to 17215 of 2020
Prayer : Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
of the third respondent proceedings in Na.Ka.4793/A3/2020 dated
24.07.2020 and the consequential order of the fourth respondent in
Na.Ka.2114/A1/2020 dated 06.08.2020 and quash the said proceedings
and consequently, direct the respondents to include the names of the
petitioners for appointment to the post of Junior Assistant by taking into
consideration the fact that the petitioners’ substantive appointment to the
post of Office Assistants and there is no further promotion from the post of
Lab Assistant in accordance with Rule 3(g) of the Tamil Nadu Ministerial
Services.
For Petitioners : Mrs.Dakshayeni Reddy
For Respondents : Mr.C.Munusamy, SGP
O R D E R
This writ petition has been filed to call for the records of the
third respondent proceedings in Na.Ka.4793/A3/2020 dated 24.07.2020
and the consequential order of the fourth respondent in
Na.Ka.2114/A1/2020 dated 06.08.2020 and quash the said proceedings
and consequently, direct the respondents to include the names of the
petitioners for appointment to the post of Junior Assistant by taking into
consideration the fact that the petitioners’ substantive appointment to the
post of Office Assistants and there is no further promotion from the post of
Lab Assistant in accordance with Rule 3(g) of the Tamil Nadu Ministerial
Services.
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[2/8, 19:03] Sekarreporter1: W.P.No.13849 of 2020 and
W.M.P.Nos.17212 to 17215 of 2020
18. In the above circumstances, this writ petition is disposed of
with a direction to the first respondent to issue necessary clarification or to
initiate any action for inclusion of the post of Lab Assistant for promotion
to the post of Junior Assistant, notwithstanding the parity of pay scales as
applicable to both the posts in order to subserve the spirit of the rule for
which it was amended in 2002.
19. This Court trust that the Government would take into
consideration, the observation of this Court herein and would initiate
action in this regard, atleast on an equitable consideration.
20. The first respondent is directed to issue appropriate
clarification or order clearing the air of uncertainty in the subject matter,
within a period of eight weeks from the date of receipt of a copy of this
order. No costs. Consequently, connected miscellaneous petitions are
closed.
Index : Yes 05.02..2021
Internet : Yes
gsk
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