This Court also gave liberty to the appellant, Shri Rajan, to make representation to the State Government in the matter of inter se seniority when he would be given promotion.
Thereafter, if any promotion was due to him, such promotion was to be given to the post of Deputy Commissioner which is a promotional post from the post of Assistant Commissioner of Commercial Taxes.
5717 of 1988 inter alia companytending that despite the decision of the Division Bench of the Madras High Court since modified by this Court in the special leave petition as stated hereinbefore the respondents failed and neglected to give effect to the said decisions rendered in his favour by denying him due promotions and appropriate seniority.
In the aforesaid circumstances, there was numberoccasion to give him a further promotion of Deputy Commissioner automatically and the question of promotion to the higher post of Deputy Commissioner would be companysidered as and when the promotion would be due to the appellant.
11 of 1988.
The appellant companytended that despite his brilliant performances and securing the first position in the merit list at the time of entering the service as Joint Commercial Tax Officer, he had been denied his promotion and had been companypelled to work in the department as Commercial Tax Officer although a large number of officers who were junior to the appellant, had been promoted as Assistant Commissioner of Commercial Taxes and thereafter many of them had also been promoted as Deputy Commissioner of Commercial Taxes.
Since there were number of allegations against the appellant Shri Rajan, and enquiries had been pending against him, he was number companysidered fit for promotion to the said upgraded post.
It was further indicated in the judgment of this Court that in modification of the judgment of the High Court the promotion would take effect from the date on which the necessary orders would be passed.
He was promoted as Commercial Tax Officer in 1972.
The appellant thereafter moved another writ petition in the Madras High Court being Writ Petition No.
315 of 1982.
It appears that this Court passed an ex parte stay in favour of the department in the special leave petition.
11 of 1988, vide judgment passed on September 17, 1991.
The appellant, Shri K. Rajan, joined the Commercial Taxes Department as a Joint Commercial Tax Officer in the year 1966.
In 1978, he moved Writ Petition No.
The Judgment of the Court was delivered by N. RAY, J. Leave granted.
The Administrative Tribunal, Tamil Nadu accepted the said companytention of the respondents and dismissed the said A. No.
The appellants main companytention before the Administrative Tribunal was that since the post of Commercial Tax Officer was upgraded as Assistant Commissioner of Commercial Taxes, he automatically became Assistant Commissioner of Commercial Taxes.
Such writ petition, however, was transferred to the Tamil Nadu Administrative Tribunal and the said writ petition was renumbered as T.A. No.
The appeal is directed against the decision of the Tamil Nadu Administrative Tribunal on September 17, 1991 disposing of the Writ Petition No.
As aforesaid, this appeal is directed against such decision of the Administrative Tribunal.
Such appeal was allowed by the Division Bench of the Madras High Court on July 17, 1986 and the Division Bench directed the respondents to give the appellant retrospective promotion from 1976 with all attendant monetary benefit and to give further promotion to the appellant if such promotion had been due to him.
4599 of 1978 in the High Court of Madras praying for a writ of mandamus directing the respondents to promote him to the post of Deputy Commissioner.
Such special leave petition was disposed of on March 12, 1987 by directing that the State Government should companysider the question of promotion of the said Shri Rajan to such promotional post to which he would be eligible and that the promotion would take effect prospectively.
In view of such direction of the High Court, the administration passed necessary orders of promotion with retrospective effect from 1976 promoting the appellant as Assistant Commissioner and thereafter as Deputy Commissioner with effect from December 3, 1986 without prejudice to the rights and companytentions of the State Government to take appropriate companyrse of action on the basis of the decision to be rendered by this Court in the special leave petition moved against the decision of the Division Bench of the Madras High Court.
The learned Single Judge, however, dismissed the writ petition and the appellant thereafter preferred an appeal before the Division Bench being Writ Appeal No.
It was companytended by the respondents that pursuant to the direction of this Court in disposing of the said special leave petition, the case of the appellant was taken into companysideration and he was given promotion to the post of Assistant Commissioner of Commercial Taxes.
The cases of the eligible Commercial Tax Officers were companysidered and on such companysideration they were promoted to the said 37 upgraded posts.
5717 of 1988 received from the High Court of Tamil Nadu Section 29 of the Administrative Tribunals Act and renumbered as T.A. No.11 of 1988.
The appellant has also companytended that in the selection test for appointment to the post of Joint Commercial Tax Officer he topped the list and he has a good academic career but his promotion was unjustly denied as he incurred the displeasure of the higher authorities.
Pursuant to the numberice given on the special leave petition, the learned companynsel for the respondent State of Tamil Nadu and another have appeared and have also filed companynter affidavit.
It is the case of the appellant that right from 1972 he was denied further promotions although his juniors were given promotion.
At the hearing, the learned companynsel for the parties have also made submissions.
The appellant companytended that some departmental proceedings were mala fide initiated against him and such proceedings were deliberately kept pending against him so as to deny him his due promotion.
