GIST OF THE COURT ORDER

TO ALL MEMBERS                                                                        28.11.2014

My dearest Members,

Our learned Advocate of Madras High Court has intimated the outcome which we are replicating for your kind information.

“GIST OF THE COURT ORDER”

“Today judgment was given by High Court Madras. Those who have joined up to 4th July 2011 has to be included in the process but APAR mark is to be taken as 75%. Due to Federation efforts only we could get the judgment otherwise it would have been still pending.

Now coming to the final conclusion the court is of the considered view that clause 2E of the promotion guidelines dated 04/04/2013 gives discretion to the second respondent to relax the zone if consideration for the purpose of including the officers placed. Therefore the petitioners cannot claim it as a matter of right. The second respondent will have to consider the exercise of power on the facts of the case as to whether such relaxation is required or not.

Accordingly the impugned circular insofar as it restricts only those who are appointed on or before 01/07/2011 are concerned as against those who are appointed between 02/07/2011 to 04/07/2011 are concerned is set aside and consequently the 2nd respondent is directed to consider their inclusion by relaxing the zone of consideration within a period of 8 weeks from the date of receipt of this order. It is made clear that the order passed by this court will not have any application to those appointed after 04/07/2011 though belonging to the very same year.

The challenge made to the qualification of 75% for being considered for promotion is rejected. It is made clear that the observation made with effect to clause 15 of the appointment orders dated 11/06/2011 is only for the purpose of deciding eligibility for fast track promotion only and not inverse seniority.”