‘Adhere strictly to rules in posting, promotions’

CHENNAI: The Madras High Court has ruled that the rules and regulations for appointment and promotions are to be followed scrupulously without any discrimination.

Justice S M Subramaniam gave the ruling on Tuesday while disposing of a batch of nine writ petitions from A Babu and others challenging the appointment of one T Gnanavel and the promotions given to him. The government had relaxed the Service Rules for grant of appointment, more specifically, by relaxing the method of appointment for Gnanavel.

Though he was appointed as a fitter initially, he was given promotions in the same way and he became the executive engineer within a short span of time. Hence, the present petitions from the affected persons.

Disposing of them, the judge observed that granting relaxation in favour of one person or group of persons shall cause injustice or prejudice to other employees who are all working in the same cadre. In the event of granting such relaxation in favour of a few persons, the same will demoralise the administration and further will create issues in respect of all further and future promotions to the eligible persons, who are all otherwise eligible for promotions or appointments.

“Thus, the government must be cautious while exercising the discretionary powers of relaxation in the appointment of a few individuals. Such an exercise should not cause any injustice or prejudice in respect of all other similarly placed persons, who are all parties before this court for the relief of grant of relaxation on a par with the persons, who are already granted relaxation,” the judge said.

He directed the Municipal Administration and Water Supply secretary to review the grant of relaxation in respect of all employees appointed in the cadre of fitter and got further promotions/appointments by virtue of relaxations. Such an exercise is to be done with reference to the cases of the writ petitioners as well as the case of Gnanavel in particular. In the event of exercising the power of discretion, the same must be exercised uniformly in the interest of public administration and by following the Rules in force. In the event of taking decisions otherwise, then the same also to be implemented in respect of all the employees without any discrimination, the judge said.

The judge also directed the secretary to conduct an enquiry into the matter of grant of relaxation to Gnanavel and if any malpractice or corrupt activity or influence is identified, then all suitable prosecutions and actions are to be initiated against the officials concerned, including disciplinary proceedings against them within three months, judge said.