Order staying promotion of dy commercial tax officers stayed

TNN | Nov 19, 2017, 00:29 IST

 

Madurai: Setting aside its single judge order staying the promotion of 18 deputy commercial tax officers (DCTO) working in Chennai, the Madras high court Madurai bench has observed that, "When there is no inter-se seniority list, giving stay to promotion of a group of persons in a partial manner is incorrect in the eye of law."

A division bench consisting of justices M Venugopal and Abdul Quddhose delivered a common judgment on a batch of three appeals filed by 25 deputy commercial tax officers against the single judge's order dated September 14 on a writ petition filed by one T Dravidaselvi (superintendent/DCTO, Theni).

Dravidaselvi in her petition said that, the government relaxed Tamil Nadu Commercial Tax and Subordinate Services Rules and the state's commercial tax secretary on August 1 last published the panel list of commercial tax officer for 2015. But, the list did not have her name. She said due to relaxation of the rule, 98 people who are juniors, were placed as seniors to her. Hence, she claimed she must be placed as senior to 98 people, the panel be prepared and she be promoted.

Following it, the single judge stayed promotion of a group of people and directed the authorities to prepare a provisional seniority list .

Against it, a group of 25 DCTOs shot appeals. After hearing concerned sides, the bench said, "It is to be borne in mind that when there is a contest or controversies between the parties concerning particular issue(s), then ordinarily a court of law will not grant final relief at an interlocutory stage. Even an interim order which has the effect of granting final relief ought not to be granted by a court of law." TNN