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M. PIRAVI PERUMAL (Advocate & Consumer Rights)     21 May 2010


An government employee has been denied promotion by the employer for the reason that he was given minor punishment in earlier period during his service. I heard that the Madras High Court as well as the Madurai Bench of Madras High Court in a judgement has held that " PROMOTION CANNOT BE DENIED TO AN EMPLOYEE FOR THE REASON THAT HE WAS PUNISHED FOR A MINOR OFFENCE EARLIER IN HIS SERVICE ". I need the judgement or any similar judgement.

Learned LCI member please help me by providing entire text of the judgements or citations in the above subject.


 3 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     22 May 2010

below are two judgements kindly go through the website of related high court.

Rajbir Singh v. Government of India - CWP-2443-2006 [2006] RD-P&H 1431 (6 March 2006)

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Civil Writ Petition No. 2443 of 2006

Date of decision : 17.2.2006.




Civil Misc. Writ Petition No.32597 of 2003


Ashok Kumar Sharma ......... Petitioner


Chairman, Vindhyavashini Gram Bank,

Mirzapur & Anr. ......... Respondents


Hon. Dr. B.S. Chauhan, J.

Danendra jain (manager)     04 June 2010

It is discriminatory attitude of IBA and government of India towards bankers that effective date for implementation of revised gratuity amount is w.e.f. 24th may whereas for other central government employees it is much earlier.

Central pay commission (see latest report) has abolished stagnation in scale where in bank our union leaders get one or two additional stagnation increment and feel proud for it. When banks do not promote a person in time due to its own constraints there is no justification to stop increment in the name of stagnation. Bank management is indirectly punishing seniors. It is pitiable and condemnable.

But who will fight for it?

Courts take decades in delivery of judgment.

IBA is taking advantage of weakness of judicial system and taking arbitrary decision, it may be discrimination with PF optees, or effective date of payment of revised gratuity of stagnation in annual increment or posting of an officer in a whimsical way or all pervasive corrupt practices in credit delivery.

It needs lacs of rupees and a good and sincere devoted advocate. Who will help? Where are such good advocates?

Bear with the prevailing discriminatory system and try to adjust what God gives or else decide to fight with all possible might till the last breath of life. .

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     04 June 2010

please dont post your own query in others query, you should form new query.

Advocates are there, but there is always a rule of something in return.


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