HC comes to the rescue of Highways Department employee

Coming to the rescue of a senior State Highways department employee, who was denied promotion to the post of regular Chief Engineer, Madras High Court today directed the Tamil Nadu government to grant it immediately.
A division bench of Justices Huluvadi G Ramesh and R M T Teekaa Raman passed the orders on an appeal by G Rani against a Single Judge order.
The bench directed the government to grant promotion to her to the post of regular Chief Engineer in the Highways Department forthwith and grant her all consequential benefits.
On January 6, a single judge had dismissed her plea.

When the matter came up today, the judge said "We do not agree with the argument of Additional Advocate General that since the appellant was promoted as Superintending Engineer, only on January 31, 2016, she was eligible for inclusion in the Chief Engineer panel only for the year 2016-17."
It appears that the appellant was deprived of promotion as Chief Engineer, whereas her juniors were promoted to the post vide a November 25 2016 Government Order.

"The appellant should have been given promotion to the post of Chief Engineer from June 1, this year itself, as she was holding the post of Superintending Engineer from January 31, 2016 and left over service of more than one year, she was eligible for promotion to the post of Chief Engineer,"it said.

The petitioner submitted that she had joined the Highways department as Assistant Engineer in 1989. After getting promoted from time to time, she became the Superintending Engineer, Institutional Capacity Enhancement and Road Safety.
She became Superintending Engineer on January 31, 2016 and three vacancies to the post of Chief Engineers in the Highways Department arose in May 31, the same year.
As of date, Rani said she is the seniormost person with the required minimum one year service and that she ought to have been promoted and appointed as Chief Engineer from May 31, 2016 onwards.
The petitioner said she had approached the authority concerned on the promotion issue, but to no avail.

She submitted she was not promoted on the ground that the crucial date for formation of panel for appointing candidates to the post of Chief Engineer was July 15 every year.
However, by a May 31, 2008 G.O, two persons were promoted as Chief Engineers under Rule 39-A(1) of Tamil Nadu State and Subordinate Service Rules without reference to a G.O dated January 9, 2008.
Both officials were not holding the post of Superintending Engineer during the crucial date for the year 2007-08 and no promotion panel was constituted to promote them, Rani alleged.
Besides, another woman employee was granted promotion by a G.O on January 19, 2015.

Striking down the January 9, 2008 G.O., the bench said "We are of the considered view that in the interest of justice, it is just and necessary to strike down the said G.O. (D) No.3, Highways Department dated 09.01.2008 and is hereby struck down accordingly.