Common Service Rules| Five Years Experience In Senior Superintendent Post Required For Appointment To Post Of Assistant Manager(Legal): Madras HC

The Court was hearing a Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to promote Petitioner to the post of Assistant Manager (Legal).

The bench of Justice Mummineni Sudheer Kumar observed, “In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”.”

Brief Facts-

The petitioner G. Ravichandran initially joined the respondent Tamil Nadu State Transport Corporation (Salem) Ltd., as a Record Clerk which was later re-designated as Junior Assistant. His services were regularised later. Over time, he reached the position of "Senior Superintendent." Claiming to have acquired a degree in law during his tenure, he sought promotion to the position of "Assistant Manager (Legal)." However, he filed a writ petition alleging that junior employees without the requisite legal qualifications were being promoted instead.

While the first writ petition was pending he challenged a seniority list prepared by the respondent Corporation.

The Court noted that in the present Writ Petition the petitioner was appointed to the post of “Senior Superintendent” as a fresh entrant and therefore, the question of petitioner completing the requisite five years of service, as on the date of filing of either of the Writ Petitions does not arise.

The Court further stated that the impugned seniority list was prepared only by including the persons, who have completed five years of service in the cadre of “Senior Superintendent” and eligible for promotion to the post of “Assistant Manager”.

As per the Court as and when the petitioner completes the requisite qualifying service, his name also would be included subject to fulfilling the qualification criteria.

Accordingly, the Court dismissed both the Writ Petitions.

Cause Title: G. Ravichandran v. Additional Chief Secretary to Govt.