Under the Tamilnadu Government Servants (Conditions of Service) Act, 2016, does currency of punishment bar inclusion in a promotion panel even where the bar predates the Act?

Yes. Currency of punishment was a bar to grant of promotion under Government Orders even before the Conditions of Service Act, 2016 came into force, and this pre-existing bar was later incorporated as Item 11 Part A of Schedule XI to the Act.

Tamilnadu Government Servants (Conditions of Service) Act, 2016 — Schedule XI, Item 11, Part A — Promotion — Currency of punishment as bar — Tamilnadu Government Servants (Conditions of Service) Act, 2016 — Schedule XI Item 11 — Promotion — Currency of punishment bars panel inclusion — Held: Promotion is not a vested right; consideration for promotion is a right of the employee, to be made in accordance with service records. Mere inclusion in a panel is procedural and confers no right, which accrues only on actual grant of promotion. (¶7) Tamilnadu Government Servants (Conditions of Service) Act, 2016 — Schedule XI Item 11 — Retrospective effect — Pre-existing bar under Government Orders unaffected — Held further: Currency of punishment was a bar to promotion under Government Orders even prior to the Conditions of Service Act, 2016, and the challenge to Item 11 Part A of Schedule XI was not relevant since the punishment was imposed in 2005, before the panel year 2008-09 and before the Act itself. (¶5) Tamilnadu Government Servants (Conditions of Service) Act, 2016 — Schedule XI Item 11 — Panel exclusion — Modified minor punishment does not entitle retrospective inclusion — Held further: Non-inclusion of the petitioner's name in the 2008-09 panel on the ground of currency of punishment was justified notwithstanding subsequent modification of the punishment to postponement of increment, and the Government's refusal to grant retrospective promotion warranted no interference. Writ petition dismissed. (¶6, 8)

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