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1987 (10) TMI 388 - SC - Indian Laws

Issues:
1. Delay in promotion and improper treatment of a public officer by the State Government.

Detailed Analysis:
The appellant, appointed as Assistant Engineer in 1970, faced delays in promotion and recognition of seniority. Despite a High Court directive in 1983 to consider his promotion as Deputy Transport Commissioner based on seniority from 1970, the State Government procrastinated. Subsequently, junior officers were promoted over him, leading to the appellant seeking relief from the High Court due to alleged mala fides and improper treatment. The High Court initially refused to intervene, prompting the appellant to approach the Supreme Court.

Upon reviewing the case, the Supreme Court noted the importance of the bureaucracy in the administration of a democratic polity. Emphasizing that public officers are trustees obligated to provide appropriate service in exchange for benefits received, the Court highlighted the need for officers to be assigned work commensurate with their status. The Court expressed concern over the appellant not being given suitable work despite being paid from public funds, leading to the decision to intervene in the matter.

The Supreme Court directed the Government of Tamil Nadu to provide the appellant with a proper posting within one month and ensure he is assigned official duties in line with the rules and procedures of the position. The Court stressed the importance of the State Government demonstrating fair and unbiased conduct in the assignment of work to the appellant. While refraining from assessing the veracity of the appellant's allegations, the Court expressed confidence that the State Government would act responsibly as an employer and dispel any doubts regarding its conduct. No costs were awarded in the judgment.

 

 

 

 

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