Mohideen Packir vs The Director of Employment and Training, The Principal, Govt. Industrial Training Institute and The Registrar, Tamil Nadu Administrative Tribunal

P.K. Misra, J.—Heard learned Counsel appearing for the parties.

The petitioner filed O.A. No. 5076 of 1992 before the Tamil Nadu Administrative Tribunal claiming the following relief:

...the applicant prays for a direction to the respondents to promote the applicant to the post of Junior Training Officer with reference to his seniority

in the post of Workshop Asst. Grade I.

The claim of the petitioner before the Tribunal was that he became eligible for promotion as Junior Training Officer after he passed S.S.L.C. in

October, 1991. In the said Original Application, no counter has been filed on behalf of the respondents. The Tribunal, by order dated 23.12.2003,

observed as follows:

In fact, the applicant has been promoted in the year 1993 as Junior Training Officer. So, the prayer has been conceded. Now, the applicant would

turn round and say that he must be deemed to have been promoted as Junior Training Officer from the date on which he has passed SSLC. This

cannot be granted. The applicant has no doubt, acquired necessary qualification for being eligible for promotion. But only when vacancy arises, he

can be given promotion and vacancy arose in 1993 when he has been appointed as Junior Training officer. The applicant cannot ask for anything

better than this. The application is ordered in these terms.

The grievance of the petitioner is that even though he became eligible for being promoted as Junior Training Officer after he acquired the

qualification of SSLC in the year 1991, his name has not been considered at the time when the panel for promotion was prepared for the year

1991-92 as well as for the year 1992-93. In this writ petition also no counter has been filed by the respondents and therefore, it is not possible to

verify as to whether any junior to the petitioner has been promoted in the panels prepared for the years 1991-92 and 1992-93.

Having considered the facts and circumstances of the case, we modify the order passed by the Tribunal directing the respondents to consider

the question of promotion of the petitioner on par with his immediate juniors after his passing SSLC in October, 1991. This shall be done within a

period of one month from the date of receipt of a copy of the order. The writ petition is ordered accordingly subject to the aforesaid direction. No

costs.