IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 10.02.2010 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. NO.37989 OF 2006 K.KUMAR [ PETITIONER ] Vs 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY P.A. & R DEPT. FORT ST.GEORGE CHENNAI. 2 THE SECRETARY REVENUE DEPT. FORT ST.GEORGE CHENNAI-9. 3 THE COMMISSIONER CUM DIRECTOR OF SURVEY AND SETTLEMENT CHEPAUK CHENNAI-5. 4 THE COMMISSIONER H.R. & C.E. NUNGAMBAKKAM CHENNAI-34. 5 THE ADDITIONAL DIRECTOR OF SURVEY AND LAND RECORDS CHEPAUK CHENNAI- 5. [ RESPONDENTS ] PRAYER: Writ Petition came to be numbered by transfer of O.A.No.10757 of 1998 on the file of the Tamil Nadu Administrative Tribunal directing to call for the records relating to the order of the 3rd respondent made in Ka.2/57759/97 (Ni.A) dated 21.9.98 and quash the same and consequently appoint the petitioner as Junior Assistant and extend all benefits both service and monetary from the date onwhich his immediate junior was extended the said benefit. For Petitioner : Mr. L. Chandrakumar For Respondents : Mr. B. Vijay Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition is filed to call for the records relating to the order of the 3rd respondent made in Ka.2/57759/97 (Ni.A) dated 21.9.98 and quash the same and consequently appoint the petitioner as Junior Assistant and extend all benefits both service and monetary from the date on which his immediate junior was extended the said benefit. 2. The petitioner was appointed as night watchman in 1993 on consolidated pay. He seeks the above stated relief. In the proceedings impugned, his representation dated 31.12.1997 was rejected stating that he cannot be appointed as Junior Assistant as he was appointed on consolidated pay as night watchman. Aggrieved thereby, the original application has been filed. A reply affidavit has been filed by the department stating as follows:- " Further, as per the existing instructions, in force, the consolidated pay office assistant, record clerk, night watchman cannot be considered for appointment as junior assistant-cum-typist on time scale of pay directly and their claims will have to be considered with reference to the above Government Order only, after bringing them under regular time scale of pay of office assistant, record clerk, night watchman. " 3. It is now stated that the petitioner has been brought into time scale of pay in terms of G.O.No. 248, Revenue Department, dated 23.3.1993. Therefore, the petitioner will be entitled to be considered for appointment to the post of Junior Assistant. The learned counsel for the petitioner is not able to state as to whether the petitioner has been granted such benefit as on today. In the event of the petitioner not being granted the benefit of posting as Junior Assistant consequent on completion of five years in the time scale of pay, his representation and his claim shall be considered by the third respondent under whom, the petitioner is now serving for the appropriate relief as prayed for. This writ petition stands disposed of accordingly. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ Ra To 1 THE SECRETARY P.A. & R DEPT. The STATE OF TAMILNADU FORT ST.GEORGE CHENNAI. 2 THE SECRETARY REVENUE DEPT. FORT ST.GEORGE CHENNAI-9. 3 THE COMMISSIONER CUM DIRECTOR OF SURVEY AND SETTLEMENT CHEPAUK, CHENNAI-5. 4 THE COMMISSIONER H.R. & C.E. NUNGAMBAKKAM CHENNAI-34. 5 THE ADDITIONAL DIRECTOR OF SURVEY AND LAND RECORDS CHEPAUK CHENNAI- 5. + 1 C.C to Mr. L. Chandrakumar, Advocate SR.NO.8800 + C.C to Government Pleader SR.NO.8985 W.P.NO.37989 OF 2006 SP[CO] https://hcservices.ecourts.gov.in/hcservices/