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Judgment
M.M. Sundresh, J.—The petitioner was working as an Assistant in the first respondent Department. While he was working in the capacity, a criminal case has been filed against him. The first respondent promoted one another person temporarily. The petitioner has come forward to file the present Writ Petition alleging that the promotion was on permanent basis and therefore without preparation of regular panel, the same is illegal.
In the counter affidavit filed by the first respondent, the following statement has been made:
"Further I submit that the promotions to the post of Assistant and Superintendent are made temporarily based on the temporary seniority list under Rule 39(a)(i) of Tamil Nadu State and Subordinate Service Rules which is subject to revision. Therefore, any anomaly found will be rectified while confirming the panel after disposal of the SLP No. 12820 of 2007 and other related case pending before Hon''ble Supreme Court of India".
It was also stated that the petitioner could not be considered at the relevant point of time in view of the pendency of the criminal case and charges framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Therefore, in view of the stand taken in the counter affidavit and the then prevailing facts, this Court is of the view that the very basis upon which the Writ Petition is filed treating the promotion as a regular one has got no factual basis.
However, if no permanent panel is not drawn, the respondent will have to take appropriate steps to do so in accordance with law and if the petitioner is otherwise qualified, he should also be considered. It is also made clear that if any permanent panel is drawn without the inclusion of the petitioner, it is open to the petitioner to challenge the same in accordance with law.
With the above observations, the Writ Petition stands disposed of. No costs. Consequently, M.P. Nos. 1 of 2011, 1 and 2 of 2013 are closed.