The petitioners have come forward with these petitions seeking for the relief of direction to the the respondent to include the name of the petitioners in the ensuing panel for promotion as Ranger for the year 2009- 2010 and to promote them as such notwithstanding and without reference to the order of punishment of recovery passed in Pro.No.B2/5433/08(5) dated 05.05.2008 of the Conservator of Forests, Madurai and to promote them as such with retrospective effect from the date of promotion of their immediate junior with all consequential benefits.
2. Mr.M.Ravi, learned counsel for the petitioners submitted that the petitioners are working as Foresters under the Forest Department and they have faced departmental proceedings which ultimately ended in imposing punishment of recovery of Rs.18,017/- on both the petitioners in proceedings No.B2/5433/08 (5) and No.B2/5433/08 (4) dated 05.05.2008 of the Conservator of Forest, Madurai Circle. It is contended by the learned counsel for the petitioners that in spite of the said punishment awarded against the petitioners they are entitled to seek the relief of promotion to the post of Forest Ranger as they have been only awarded with minor penalty. The learned counsel for the petitioner would place reliance on the Division Bench decision of this Court reported in 2008 (5) MLJ 350 (Subramanian Vs. Government of Tamil Nadu), in support of his contention.
3. Heard Mr.V.Rajasekaran, learned Special Government Pleader on the submissions made by the learned counsel for they petitioners. It is submitted by the learned Special Government Pleader that the case of the petitioners would be considered for promotion if the petitioners are otherwise qualified and eligible for promotion to the post of Forest Ranger.
5. I have carefully considered the rival contentions of both sides and also perused the materials available on record.
6. The fact remains that the petitioners have been suffered infliction of punishment of recovery of Rs.18,017/- as per the order dated 05.05.2008 passed by the Conservator of Forest, Madurai Circle in proceedings No.B2/5433/08 (5) and No.B2/5433/08 (4). It is not disputed that the said amount also already recovered from the petitioners. The only question arising for consideration in this matter is to the effect that whether the petitioners are entitled to the relief of promotion in spite of such suffering of punishment as stated above. It is pertinent to note that the punishment inflicted on the petitioners is only a minor one. It is relevant to refer Rule 8(v) of Tamil Nadu Civil Service (Discipline and Appeal) Rules. The said provision under Rule 8(v) reads hereunder:
"(v) Recovery from pay of the whole or part of any pecuniary loss caused to the State Government or the Central Government or to any Government Company or Organisation or Local Authority or to a Local Body, while on deputation, by negligence or breach of orders."
7. The question regarding the nature of punishment whether the same is minor or major is also provided under the same rule which reads hereunder:
"The penalties mentioned in items (i) to (iii), (v) and (ix) shall be deemed to be minor penalties and those in items (iv) and (vi) to (viii) shall be deemed as major penalties.
The penalties mentioned in items (vi), (vii) or (viii) as the case may be, shall be imposed on a Government Servant for the violation of rule 19 of the Tamil Nadu Government Servants Conduct Rules, 1973."
8. Therefore it is very clear that even as per the rules the punishment awarded against the petitioner to the effect of recovery is only comes under the category of minor penalties. It is also brought to the notice of this Court that one Mr.Rajendran, the Forest Ranger who has been awarded with the punishment of recovery has been promoted by the respondent to the post of Assistant Conservator of Forest. A Division Bench of this Court reported in 2008 (5) MLJ 350 (Subramanian Vs. Government of Tamil Nadu), has held as hereunder:
"When the employee is imposed upon a punishment of stoppage of increment for two years without cumulative effect which could be construed only as a minor punishment, he could not be denied further promotion solely based on the same, if he is otherwise fit for promotion."
9. In view of the principle of law laid down in the decision of the Division Bench cited supra and also in view of the clear provisions under Rule 8(v) to the effect that the punishment of recovery would come under the category of minor penalty, this Court is of the considered view that there is absolutely no legal impediment for considering the petitioners claim for promotion to the post of Forest Ranger for the year 2009-2010.
10. Accordingly, the respondent herein is hereby directed to include the name of the petitioners in the ensuing panel to be prepared for promotion to the post of Forest Ranger within a period of four weeks from the date of receipt of a copy of this order, if the petitioners are otherwise eligible and competent and if there is no other proceedings were initiated or pending against the petitioners other than the punishment awarded by the Conservator of Forest, Madurai Circle as per the order dated 05.05.2008 in Proceedings No.B2/5433/08 (5) and No.B2/5433/08 (4). The respondent shall also permit the petitioners to undergo the training to be commenced shortly pending disposal of the matter by including the petitioners name in the ensuing panel.
11. With the above direction, the Writ Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are also closed.
cs To The Principal Chief Conservator of Forests, Chennai - 15.