{"id":69015,"date":"1993-03-03T00:00:00","date_gmt":"1993-03-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/k-rajan-vs-state-of-t-n-on-3-march-1993"},"modified":"2015-04-09T07:48:41","modified_gmt":"2015-04-09T02:18:41","slug":"k-rajan-vs-state-of-t-n-on-3-march-1993","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/k-rajan-vs-state-of-t-n-on-3-march-1993","title":{"rendered":"K. Rajan vs State Of T.N on 3 March, 1993"},"content":{"rendered":"
Supreme Court of India<\/div>\n
K. Rajan vs State Of T.N on 3 March, 1993<\/div>\n
Equivalent citations: 1994 SCC Supl. (1) 119 JT 1993 Supl., 80<\/div>\n
Author: G Ray<\/div>\n
Bench: Ray, G.N. (J)<\/div>\n
           PETITIONER:\nK. RAJAN\n\n\tVs.\n\nRESPONDENT:\nSTATE OF T.N.\n\nDATE OF JUDGMENT03\/03\/1993\n\nBENCH:\nRAY, G.N. (J)\nBENCH:\nRAY, G.N. (J)\nREDDY, K. JAYACHANDRA (J)\n\nCITATION:\n 1994 SCC  Supl.  (1) 119 JT 1993  Supl.     80\n 1993 SCALE  (1)764\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
The Judgment of the Court was delivered by
\nG.N. RAY, J.- Leave granted.\n<\/p>\n
2.Pursuant  to\tthe  notice given on  the  special  leave
\npetition,  the learned counsel for the\trespondent-State  of
\nTamil  Nadu  and another have appeared and have\t also  filed
\ncounter-affidavit.  At the hearing, the learned counsel\t for
\nthe  parties  have  also made submissions.   The  appeal  is
\ndirected   against   the   decision  of\t  the\tTamil\tNadu
\nAdministrative\tTribunal on September 17, 1991 disposing  of
\nthe  Writ Petition No. 5717 of 1988 received from  the\tHigh
\nCourt  of  Tamil  Nadu\tSection\t 29  of\t the  Administrative
\nTribunals Act and renumbered as T.A. No.11 of 1988.\n<\/p>\n
3.The  appellant,  Shri K. Rajan, joined  the  Commercial
\nTaxes  Department as a Joint Commercial Tax Officer  in\t the
\nyear  1966.   He was promoted as Commercial Tax\t Officer  in
\n1972.  It is the case of the appellant that right from\t1972
\nhe  was denied further promotions although his juniors\twere
\ngiven  promotion.  The appellant has also contended that  in
\nthe  selection\ttest for appointment to the  post  of  Joint
\nCommercial Tax Officer he topped the list and he has a\tgood
\nacademic career but his promotion was unjustly denied as  he
\nincurred  the  displeasure of the  higher  authorities.\t  In
\n1978,  he moved Writ Petition No. 4599 of 1978 in  the\tHigh
\nCourt of Madras praying for a writ of mandamus directing the
\nrespondents   to   promote  him\t to  the  post\t of   Deputy
\nCommissioner.  The learned Single Judge, however,  dismissed
\nthe writ petition and the appellant thereafter preferred  an
\nappeal\tbefore the Division Bench being Writ Appeal No.\t 315
\nof  1982.  Such appeal was allowed by the Division Bench  of
\nthe  Madras  High Court on July 17, 1986  and  the  Division
\nBench  directed\t the  respondents  to  give  the   appellant
\nretrospective\tpromotion  from\t 1976  with  all   attendant
\nmonetary  benefit  and\tto give\t further  promotion  to\t the
\nappellant if such promotion had been due to him.  In view of
\nsuch direction of the High Court, the administration  passed
\nnecessary orders of promotion with retrospective effect from
\n1976  promoting the appellant as Assistant Commissioner\t and
\nthereafter as Deputy Commissioner with effect from  December
\n3,  1986 without prejudice to the rights and contentions  of
\nthe State Government to take appropriate course of action on
\nthe  basis of the decision to be rendered by this  Court  in
\nthe special leave petition moved against the decision of the
\nDivision  Bench of the Madras High Court.  It  appears\tthat
\nthis  Court  passed  an\t ex parte  stay\t in  favour  of\t the
\ndepartment  in\tthe special leave  petition.   Such  special
\nleave  petition\t was  disposed\tof  on\tMarch  12,  1987  by
\ndirecting  that\t the State Government  should  consider\t the
\nquestion  of  promotion\t of  the said  Shri  Rajan  to\tsuch
\npromotional post to which he would be eligible and that\t the
\npromotion  would take effect prospectively.  It was  further
\nindicated in the judgment of this Court that in modification
\nof  the judgment of the High Court the promotion would\ttake
\neffect from the date on which the necessary orders would  be
\npassed.\t This Court also gave liberty to the appellant, Shri
\nRajan, to make representation to the State Government in the
\nmatter\tof  inter  se  seniority  when\the  would  be  given
\npromotion.\n<\/p>\n
4.The appellant thereafter moved another writ petition in
\nthe  Madras High Court being Writ Petition No. 5717 of\t1988
\ninter alia contending that despite the
\n121<\/span>
\ndecision  of  the Division Bench of the\t Madras\t High  Court
\nsince  modified by this Court in the special leave  petition
\nas stated hereinbefore the respondents failed and  neglected
\nto give effect to the said decisions rendered in his  favour
\nby  denying  him due promotions and  appropriate  seniority.
\nSuch  writ petition, however, was transferred to  the  Tamil
\nNadu Administrative Tribunal and the said writ petition\t was
\nrenumbered  as\tT.A. No. 11 of 1988.  The  appellant’s\tmain
\ncontention before the Administrative Tribunal was that since
\nthe post of Commercial Tax Officer was upgraded as Assistant
\nCommissioner  of Commercial Taxes, he  automatically  became
\nAssistant Commissioner of Commercial Taxes.  Thereafter,  if
\nany promotion was due to him, such promotion was to be given
\nto  the post of Deputy Commissioner which is  a\t promotional
\npost  from the post of Assistant Commissioner of  Commercial
\nTaxes.\t The appellant contended that despite his  brilliant
\nperformances  and securing the first position in  the  merit
\nlist at the time of entering the service as Joint Commercial
\nTax  Officer, he had been denied his promotion and had\tbeen
\ncompelled  to  work  in the  department\t as  Commercial\t Tax
\nOfficer although a large number of officers who were  junior
\nto   the   appellant,  had  been   promoted   as   Assistant
\nCommissioner of Commercial Taxes and thereafter many of them
\nhad also been promoted as Deputy Commissioner of  Commercial
\nTaxes.\t The  appellant\t contended  that  some\tdepartmental
\nproceedings  were mala fide initiated against him  and\tsuch
\nproceedings were deliberately kept pending against him so as
\nto  deny him his due promotion.\t The  respondents,  however,
\ncontended that the appellant, Shri Rajan, had been  laboring
\nunder  a misconception and had been  erroneously  contending
\nthat  the  post\t of  Commercial Tax  Officer  has  been\t re-
\ndesignated as Assistant Commissioner of Commercial Taxes and
\nas   such  he  had  also  been\tredesignated  as   Assistant
\nCommissioner  of Commercial Taxes.  Hence, if any  promotion
\nis  to be given to the said appellant, he is to be  promoted
\nto  the\t post  of  Deputy  Commissioner.   The\t respondents
\ncontended that the posts of Commercial Tax Officers were not
\nredesignated as Assistant Commissioner of Commercial  Taxes.
\nOut  of\t 47 posts of Commercial Tax Officers only  37  posts
\nwere  upgraded\tto  the post of\t Assistant  Commissioner  of
\nCommercial  Taxes.  Such post of Assistant  Commissioner  of
\nCommercial  Taxes  is a higher post with  higher  pay  scale
\nattached  to it.  The cases of the eligible  Commercial\t Tax
\nOfficers were considered and on such consideration they were
\npromoted  to the said 37 upgraded posts.  Since\t there\twere
\nnumber of allegations against the appellant Shri Rajan,\t and
\nenquiries   had\t been  pending\tagainst\t him,  he  was\t not
\nconsidered fit for promotion to the said upgraded post.\t  It
\nwas  contended\tby  the respondents  that  pursuant  to\t the
\ndirection  of  this Court in disposing of the  said  special
\nleave  petition,  the case of the appellant was\t taken\tinto
\nconsideration  and  he was given promotion to  the  post  of
\nAssistant   Commissioner  of  Commercial  Taxes.    In\t the
\naforesaid circumstances, there was no occasion to give him a
\nfurther\t promotion of Deputy Commissioner automatically\t and
\nthe  question  of  promotion to the higher  post  of  Deputy
\nCommissioner  would be considered as and when the  promotion
\nwould be due to the appellant.\n<\/p>\n
5.The  Administrative Tribunal, Tamil Nadu  accepted  the
\nsaid  contention of the respondents and dismissed  the\tsaid
\nT.A.  No. 11 of 1988, vide judgment passed on September\t 17,
\n1991.\tThe  Tribunal  held  that  the\tappellant  was\t not
\njustified  in  contending that the post\t of  Commercial\t Tax
\nOfficer held by him had
\n122<\/span>
\nbeen  upgraded as the Assistant Commissioner  of  Commercial
\nTaxes  and  because  of such  upgradation  he  automatically
\nbecame\tAssistant  Commissioner\t of  Commercial\t Taxes\t and
\nconsequently  eligible\tfor promotion to  higher  post.\t  As
\naforesaid, this appeal is directed against such decision  of
\nthe Administrative Tribunal.\n<\/p>\n
6.Mr  S.K. Patri, learned counsel for the appellant,  has
\nsubmitted  that the directions of the Division Bench of\t the
\nMadras\tHigh  Court  were not set aside but  this  Court  in
\ndisposing  of the special leave petition has  only  modified
\nthe decision of the Division Bench of the Madras High  Court
\nto the extent that promotion of the appellant was not to  be
\ngiven\twith  retrospective  effect  from  1976,  but\tsuch
\npromotion was to be given prospectively with effect from the
\ndate when the order will be passed.  This Court has not held
\nthat the appellant was not entitled to get the promotion  to
\nthe  post  of Deputy Commissioner and it has also  not\tbeen
\nindicated  by  this Court that he was only entitled  to\t get
\npromotion   to\tthe  post  of  Assistant   Commissioner\t  of
\nCommercial  Taxes  from\t a prospective\tdate.\tThe  learned
\ncounsel\t has  contended that the decision of this  Court  in
\ndisposing  of  the special leave petition is  sought  to  be
\nwrongly\t construed  by the department in order to  deny\t the
\nlegitimate promotion due to the appellant.  He has submitted
\nthat the Division Bench of the High Court of Madras  clearly
\nheld  that in order to deny legitimate promotion due to\t the
\nappellant,  the question of promotion of the  appellant\t had
\nbeen  kept  pending for years and the High Court  also\theld
\nthat  there was no bar in giving promotion to the  appellant
\ndespite\t the  pendency of such departmental  enquiry.\tSuch
\nfinding\t of  the  High Court not  having  been\tspecifically
\nreversed  by  this  Court, it must be  held  that  the\tsaid
\nfinding\t has  been  upheld by this  Court.   Therefore,\t the
\nappellant   was\t  entitled  to\tbe  treated   as   Assistant
\nCommissioner of Commercial Taxes in view of the\t upgradation
\nof  Commercial\tTax Officer.  The appellant  is,  therefore,
\nentitled to get further promotion as Deputy Commissioner  of
\nCommercial  Taxes, more so, when a number of juniors to\t the
\nappellant  had\tbeen  given such promotion.   Mr  Patri\t has
\ncontended  that\t even  assuming that all  the  47  posts  of
\nCommercial  Tax Officers were not upgraded to the  posts  of
\nAssistant Commissioner of Commercial Taxes, in the facts and
\ncircumstances  of the case, the denial of promotion  to\t the
\nappellant to the upgraded post of Assistant Commissioner  of
\nCommercial  taxes  on  the footing of  pendency\t of  enquiry
\nproceedings  was  unjust and mala fide as held by  the\tHigh
\nCourt\tand  the  respondents  are,  therefore,\t  under\t  an
\nobligation  to give the appellant the promotion to the\tpost
\nof  Assistant  Commissioner  of Commercial  Taxes  when\t his
\njuniors\t were  promoted\t in  order  to\tdo  justice  to\t the
\nappellant.   He has submitted that the learned Tribunal\t has
\nmisconceived the facts and circumstances of the case and the
\ndecision rendered by the learned Tribunal has resulted in  a
\ngross miscarriage of justice to the appellant.\n<\/p>\n
7.The  learned counsel for the respondents has,\t however,
\nsubmitted  that\t the  appellant had been  laboring  under  a
\nmisconception  that the post of Commercial Tax\tOfficer\t had
\nbeen  upgraded\tto  the post of\t Assistant  Commissioner  of
\nCommercial  Taxes  and\tin  view  of  such  upgradation\t  he
\nautomatically  became Assistant Commissioner  of  Commercial
\nTaxes.\t Such  assertion is factually  incorrect.   Only  37
\nposts  of  Commercial  Tax Officers  were  upgraded  to\t the
\nsuperior post of Assistant Commissioner of Commercial  Taxes
\ndrawing\t higher\t scale\tof  pay.   The\tpost  of   Assistant
\nCommissioner of
\n123<\/span>
\nCommercial Taxes is superior post to the post of  Commercial
\nTax  Officer and the said post is the promotional  post\t for
\nthe Commercial Tax Officer.  He has also contended that\t the
\nappellant  cannot  claim  promotion to a higher\t post  as  a
\nmatter of right simply because he was senior in the grade or
\nhad done better in the selection test for being recruited in
\nthe grade.\n<\/p>\n
8.When 37 posts of Commercial Tax Officers were\t upgraded
\nthe  case  of  eligible\t officers  were\t considered  by\t the
\ndepartment   but  as  there  were  complaints  against\t the
\nappellant and enquiries on such complaints were pending,  he
\nwas  not considered fit for promotion to the upgraded  post.
\nLearned\t counsel for the respondent has submitted  that\t the
\ndepartmental proceedings have since been concluded and minor
\npunishment has been awarded to the appellant.  The  question
\nof promotion has been considered and the appellant has\tbeen
\ngiven promotion to the next higher grade, namely to the post
\nof  Assistant  Commissioner  of Commercial  Taxes.   He\t has
\nsubmitted  that\t the decision of the Division Bench  of\t the
\nHigh  Court  has  not been approved by\tthis  Court  in\t the
\nspecial leave petition.\t It was only directed by this  Court
\nthat  the  appellant should be given promotion\twith  effect
\nfrom  prospective  date.  Such direction of this  Court\t has
\nbeen  complied with.  The appellant is not entitled  to\t any
\nfurther promotion, as claimed by him.  He has submitted that
\nthe learned Tribunal has correctly appreciated the facts  of
\nthe  case  and has dismissed the case of  the  appellant  on
\ncogent\treasons.   Hence, no interference is called  for  by
\nthis  Court  against the impugned decision  of\tthe  learned
\nTribunal.\n<\/p>\n
9.After giving our anxious consideration to the facts and
\ncircumstances  of  the\tcase  it  appears  to  us  that\t the
\ncontention  of\tthe  appellant\tthat  he  became   Assistant
\nCommissioner of Commercial Taxes in view of the\t upgradation
\nof the post is not correct.  All the posts of Commercial Tax
\nOfficers  had  not  been  upgraded  but\t only  37  posts  of
\nCommercial Tax Officers were upgraded and promotions to\t the
\nupgraded posts of Assistant Commissioner of Commercial Taxes
\nwere given to eligible officers on considering their service
\nrecords.   It appears that as there were various  complaints
\nagainst the appellant and enquiries had been pending against
\nhim, the concerned authority did not consider him fit to  be
\npromoted  to  the  upgraded posts.  There is  force  in\t the
\ncontention  of the learned counsel for the  respondent\tthat
\nthe  appellant cannot claim promotion as a matter of  right.
\nIt  is true the appellant has a good academic record and  he
\nalso  secured the first position in the selection  test\t for
\nentering the service of the Joint Commercial Tax Officer but
\nsuch fact by itself does not entitle the appellant to  claim
\ndepartmental  promotion as a matter of course  because\tsuch
\npromotion  is  to  be given in consideration  of  merit\t and
\nperformance.   It  is  unfortunate  that  the\tdepartmental
\nproceedings against the appellant had been kept pending\t for
\nlong.\tSuch proceedings have since been concluded  and\t the
\nappellant   has\t  been\tgiven  minor  punishment   in\tsuch
\ndepartmental  proceedings.   The case of the  appellant\t has
\nbeen  considered for the promotion to the next\thigher\tpost
\nand he has been given promotion as Assistant Commissioner of
\nCommercial  Taxes which is the higher post.  The  department
\nhas contended that the question of further promotion of\t the
\nappellant to the next higher post namely the post of  Deputy
\nCommissioner will be considered.  In the aforesaid facts the
\ndirection  of  this Court has been complied  with.   As\t the
\nappellant  was\tnot  found eligible to be  promoted  to\t the
\nupgraded post of Assistant Commissioner of Commercial  Taxes
\nthe question of giving promotion
\n124<\/span>
\nto  next  higher  grade to the petitioner  as  a  matter  of
\ncourse\tdid not arise.\tNo interference is therefore  called
\nfor  against  the decision of the Tribunal  and\t the  appeal
\ntherefore  fails  and is dismissed without any order  as  to
\ncosts.\n<\/p>\n
10.We may however observe that the appellant has  suffered
\nsubstantial  prejudice because the  departmental  proceeding
\nhad  been kept pending for long as a result of which he\t was
\nnot  considered fit for promotion to the post  of  Assistant
\nCommissioner.\tIn the facts of the case, it appears  to  us
\nthat  it  is only desirable that the  concerned\t authorities
\nshould\tconsider  the  case of\tthe  appellant\tfor  further
\npromotion  to  the post of Deputy Commissioner as  early  as
\npracticable with such sympathy as the appellant may deserve.\n<\/p>\n
127<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India K. Rajan vs State Of T.N on 3 March, 1993 Equivalent citations: 1994 SCC Supl. (1) 119 JT 1993 Supl., 80 Author: G Ray Bench: Ray, G.N. (J) PETITIONER: K. RAJAN Vs. RESPONDENT: STATE OF T.N. DATE OF JUDGMENT03\/03\/1993 BENCH: RAY, G.N. (J) BENCH: RAY, G.N. (J) REDDY, K. JAYACHANDRA (J) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-69015","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nK. Rajan vs State Of T.N on 3 March, 1993 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/k-rajan-vs-state-of-t-n-on-3-march-1993\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"K. 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