A. Paranjothi vs The Chennai Metrowater Water Supply and Sewerage Board

S. Nagamuthu, J.—The petitioner is working as Assistant Executive Engineer in the Chennai Metrowater Water Supply and Sewerage Board. His next avenue of promotion is to the post of Executive Engineer. The respondent published a panel of the Assistant Executive Engineers fit for promotion as Executive Engineers for the year 2013-2014 in his proceedings No. CMWSSB/P&A/STF/RA1/16128/2013 dated 29.05.2013. But the petitioner, though he is otherwise qualified and also has got seniority, was not included in the panel. The reason stated in the said proceedings is that there was a punishment of stoppage of increment for one year without cumulative effect imposed on the petitioner by the proceedings of the respondent in No. CMWSSB/P&A/vc2/16452/2008 dated 06.11.2009. The petitioner is aggrieved by the same and therefore, he is before this Court with this writ petition.

This writ petition came up for admission on 19.02.2014. Thereafter, the learned counsel for the respondent has entered appearance. Number of adjournments were given for filing counter. But, no counter has been filed.

I have heard the learned counsel for the petitioner and also perused the materials available on record carefully.

The learned counsel for the petitioner would submit that as per the order passed in W.P. No. 45960 of 2006 dated 27.04.2011, there can be no check period for denying promotion to an employee and the promotion can be denied only during the period of punishment. Here, in this case, the period of punishment was one year commencing from 06.11.2009. Thus, it expired on 05.11.2010. Therefore, when the impugned panel was drawn for the year 2013-2014, there was no currency of punishment and therefore, the petitioner ought to have been included in the panel and ought to have been promoted as Executive Engineer.

But, in the impugned order, it is stated that the order of this Court in W.P. No. 45960 of 2006, which was confirmed by the Hon''ble Supreme Court in S.L.P. by order dated 16.03.2012 cannot be applied as a rule, until the Government issues a revised instruction, based on the Judgment. This observation of the respondent, in my considered opinion, only exposes the ignorance of the respondent. As per Article 141 of the Constitution of India, judgment in rem passed by a High Court is binding on all the authorities concerned. Hence, the Judgment of the Hon''ble Full Bench in the case of the The Deputy Inspector General of Police and The Director General of Police Vs. V. Rani, , has become the law. In the said Judgment, the Hon''ble Full Bench has held that there can be no impediment to promote an employee after the expiry of the punishment period and there can be no check period. When the said Judgment is applied, in my considered opinion, the reason stated by the respondent to deny him to include his name in the panel is not at all legal and it is illegal.

In view of the above, the writ petition is allowed with a direction to the respondent to include the name of the petitioner in the panel for the year 2013-2014 for promotion to the post of Executive Engineer and promote him from the date on which his immediate junior was promoted and pay him all service benefits. Such consequential order giving promotion to the petitioner shall be issued by the respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.