Tangedco can modify edu qualification for promotion: HC sm subramaniyam judge

Tangedco can modify edu qualification for promotion: HC
Kaushik Kannan | TNN | Nov 9, 2020, 04:05 IST

Madurai: Observing that Tangedco has powers to enhance or modify the educational qualification for promotion to higher posts, Madras high court dismissed an employee’s plea challenging an amendment that she claimed would restrict her promotion prospects.

S Meenakshi, who was appointed as helper (training) in Tangedco in 2010, challenged the amendments to regulation 94 of Tamil Nadu Electricity Board Service Regulations in 2014 saying her prospects of promotion as junior assistant were restricted. She said that originally the qualification prescribed for promotion to the post was Class X, but the amendment made it “any degree”.
Justice S M Subramaniam observed that there was no merit in her contentions since it was the settled principle of law that prescription or amendment of educational qualification or service conditions are the prerogative of administrative powers vested with the employer. Amendment of service condition or educational qualification remains a part of service condition imposed at the time of issuing the appointment order and employees cannot question them.
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The judge observed that central and state government organizations have to look forward in respect of advancements and developments of the country. “Prescription of higher qualification will also encourage the students to pursue higher studies. Enhancement of qualification will certainly improve the public administration and will also provide better opportunities to the unemployed youth of this country.” The judge said service protection has got a limited purpose and there cannot be lifetime protection so as to include all further promotion to the higher posts.

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