IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2010 Coram: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.Nos.37868 and 34019 of 2006 (O.A.Nos.8568 and 8570 of 1998) M.Ravichandran .. Petitioner in WP.37868/06 S.Saravanan .. Petitioner in WP.34019/06 Vs. 1. The Special Commissioner and Commissioner for Revenue Administration, Ezhilagam, Chepauk, Chennai – 5. 2. The District Revenue Officer, Collectorate, Dharmapuri. ... Respondents in both W.Ps. Prayer in both W.Ps.:- Writ petition Nos.37868 & 34019/06 came to be numbered by transfer of O.A.Nos.8568 & 8570 of 1998 respectively on the file of the Tamil Nadu Administrative Tribunal praying to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings Na.Ka.No.Pani 4(1) 55056/98-3 and Na.Ka.No.Pani 4(1) 55056/98-1 respectively, dated 4.9.98 and to quash the same and direct the respondents to promote the petitioner to the post of Assistant with effect from the date of promotion given to their juniors in the combined seniority list of Junior Assistant/Typist with effect from the date of promotion given to their juniors in the category of Juniors Assistant with all monetary and service benefits. For Petitioners : Mr.R.Singaravelan For Respondents : Mr.B.Vijay Government Advocate COMMON ORDER O.A.Nos.8568 and 8570 of 1998 were filed by the petitioners, before the Tamil Nadu Administrative Tribunal, praying to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings Na.Ka.No.Pani 4 (1) 55056/98-3 and Na.Ka.No.Pani 4(1) 55056/98-1 respectively, https://hcservices.ecourts.gov.in/hcservices/ dated 04.09.1998 and to quash the same and direct the respondents to promote the petitioners to the post of Assistant with effect from the date of promotion given to their juniors in the combined seniority list of Junior Assistant/Typist with effect from the date of promotion given to their juniors in the category of Juniors Assistant with all monetary and service benefits and the same have been subsequently transferred to this Court and re- numbered as W.P.Nos.37868 and 34019 of 2006 respectively. 2. The petitioners were serving as typists in the revenue department. Having put in considerable period of service as typists, they underwent various test and also passed the same. Section 5 of the Special Rules for the Tamil Nadu Ministerial Service Rules requires that the petitioners to undergo one year training as Junior Assistants before being considered for promotion to the post of Assistant. The Government considering the grievance of the typists, who were not getting into the promotional post of Assistant for long period of time, abolished the ratio 4:1 Junior Assistant Vs. Typist. The Government also provided certain benefits to the typists exempting from undergoing one year training period. Class (h) of Para 4 of the Government Order reads as follows:- "For the existing vacancies in the category of Assistant in the Tamil Nadu Ministerial Service, the appointing authorities shall draw a combined seniority list of Typist and Junior Assistant with reference to the date of their regular appointments keeping the commission seniority intact and fill up the vacancies from this list without insisting on one year training ordered, since the present vacancies cannot be allowed to remain unfilled till the Typists undergo the training as Junior Assistants." 3. The same was clarified by the Government on 16.12.1993 in Letter No.97664/93-1, Personnel and Administrative Reforms (Per.B.) Department, Secretariat, Chennai-9, which reads as follows:- "3. It has been brought to the notice of the Government that certain Heads of Department interpret the words "existing vacancies" referred to in para 4 (h) of the Government Order second cited as regular vacancy only and it shall not include the vacancies caused by upgradation of the posts of Junior Assistant. 4. I am directed to clarify that the words "existing vacancies" referred to in para 4(h) of the Government Order second cited are meant for all vacancies in the category of Assistant that arose by https://hcservices.ecourts.gov.in/hcservices/ either by way of retirement, promotion, death, dismissal, etc., or by way of creation of new posts by way of upgradation of posts of Junior Assistant or otherwise with effect from 27.11.1992 i.e., from the date of order of the Tamil Nadu Administrative Tribunal quashing the proviso to Rule 5 of the Tamil Nadu Ministerial Service. Any wrong interpretation of the Government Order by any appointing authority in the matter will be viewed seriously by the Government." 4. If therefore follows that the two petitioners, typists have qualified in all aspects before the crucial date i.e., 15.03.1998, are entitled to get the benefit of para 4(h) of the said Government Order as clarified by the Letter No.97664/93-1, dated 16.12.1993. 5. Further, interpreting para 4(h) of the Government Order on similar facts relief had been granted to the typist in O.A.No.8520 of 1998 in W.P.No.37729 of 2006, by order dated 28.01.2010. 6. In view of the same, the rejection of the petitioners' claim for inclusion of their name for the promotion to the post of Assistants is contrary to the above said Government Order and the clarification letter. Therefore, the same is set aside. The writ petitions are allowed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar jrl 1. The Special Commissioner and Commissioner for Revenue Administration, Ezhilagam, Chepauk, Chennai – 5. 2. The District Revenue Officer, Collectorate, Dharmapuri. + 1 cc to Government Pleader,SR.6372 + 2 cc to Mr.R.Singaravelan,Advocate,SR.5661,5662 W.P.Nos.37868 and 34019 of 2006 KSK(CO) EM/22.2.10 https://hcservices.ecourts.gov.in/hcservices/