The prayer in the writ petition is to quash the proceedings of the first respondent in Na.Ka..No.51682/2002/EE2 dated 28.06.2004 wherein the promotion to the petitioner was denied.
2. The petitioner was working as Union Overseer in the Office of Kariapatti Union in Virudhunagar District and he has put in 24 years of service. In the course of employment, he was served with a charge memo dated 26.02.2003 under Rule 17(b) of the Tamil nadu Civil Services (Discipline & Appeal) Rules and after the completion of enquiry, a punishment of censure was imposed on him by order dated 26.04.2004 on him. In the meanwhile, a panel for promotion to the post of Union Engineer was ordered, in which the petitioner's name does not find place. Hence, the petitioner made a representation dated 12.05.2004 to the first respondent to consider his name to the panel for promotion as Union Engineer. According to the petitioner, provisional seniority list was prepared on 11.06.2004 and the name of the petitioner finds place in Serial Number 113. The first respondent by his proceeding dated 28.06.2004 in Na.Ka..No.51682/2002/EE2 has deferred and passed over the name of the petitioner for promotion to the higher post. Aggrieved by the same, the petitioner has filed the present writ petition.
3. Today, the learned Government Advocate has submitted that the Director of Rural and Development Panchayat Raj has issued orders temporarily promoting the petitioner as Junior Engineer and was allotted to Tsunami Project Implementation Unit and he has also produced a copy of the said proceeding No.40012/07/EE2 dated 24.09.2007, which reads as follows:
"Order: In the G.O.1st cited, 209 earmarked posts of Junior Engineers have already been filled up by promotion from the category of Overseer/JDO with DCE qualification who were absorbed permanently as per the instructions issued vide G.O.2nd cited and their provisional seniority was arrived vide DRD proceedings 4th cited. Based on the instructions issued in the G.O.3rd cited, the panel for the qualified overseers, JDOs was issued in the reference 5th cited, for the panel year 2004-05.
As all the earmarked posts of Junior Engineers have already been filed up by promotion from the category of Overseer/JDO, the estimate of vacancies for the years 2005-06 and 2006-07 is NIL and a NIL panel has been drawn for the above years vide DRD Proc.6th cited.
Now Government in G.Os 7th and 8th cited have sanctioned certain additional posts of JE/AE. It has been proposed to fill up the temporary post of Junior Engineers additionally sanctioned for various Tsunami Project Implementation Units by promoting qualified Overseers/JDOs under Rule 39(a)(i) of Tamil Nadu State Subordinate Service Rules from the Rural Development and Panchayat Raj Department.
Therefore a temporary list under Rule 39(a)(i) of Tamil nadu State Subordinate Service Rules is drawn for the year 2007-08 for the qualified persons.
At the first instance the 30 overseers shown in Annexure are hereby temporarily promoted as Junior Engineers under Rule 39(a)(i) of Tamil Nadu State Subordinate Service Rules. The above promoted Junior Engineers are hereby deputed to Tsunami Project Implementation Units under foreign service terms and conditions. They will be reverted at any time, without any prior notice, on completion of Tsunami Projects.
The Project Director, Tsunami Project Implementation Unit is requested to issue necessary posting orders to the above junior Engineers and inform the fact to this office and also inform the date of joining of the above said Junior Engineers.
The Collectors concerned are requested to relieve the newly promoted Junior Engineers on receipt of posting orders from the Project Director/Tsunami Project Implementation Unit without waiting for any substitute and inform the fact to this office."
4. Since the substantial relief sought for in this writ petition has been granted based on G.O.Ms.No.243,Revenue NC IV(1) Department, dated 11.05.2007, G.O.Ms.No.244, Revenue NC IV(1) Department, dated 11.05.2007, no further adjudication is required in this writ petition.
5. Recording the submission of the learned Government Advocate, the Writ Petition is disposed of. No costs.
PAL To
1. Joint Secretary to the Government of India, Minisitry of finance, (Department of Revenue) New Delhi
2. The Commissioner of Customs(appeals) Customs House, Chennai.
3. The Commissioner of Customs.
Custom House, Madras